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Terms Used In Vermont Statutes Title 15 Sec. 2-407

  • Agency: means the Department or a child-placing public or private entity that is licensed in this State to place minors for adoption. See
  • Child: means a minor or an adult son or daughter, by birth or adoption. See
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means a person, other than a parent, appointed by a court to act as a parent for another individual and specifically authorized by the Court to place the individual for adoption. See
  • Legal custody: means the right and duty to exercise continuing general supervision of a minor as authorized by law. See
  • Minor: means a person who has not attained 18 years of age. See
  • Parent: means a person who is legally recognized as a mother or father or whose consent to the adoption of a minor is required under subdivision 2-401(a)(1)-(4) or (6) of this title. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Physical custody: means the physical care and supervision of a minor. See
  • Relinquishment: means the voluntary surrender to an agency by a minor's parent or guardian, for purposes of the minor's adoption, of the rights of the parent or guardian with respect to the minor, including legal and physical custody of the minor. See

§ 2-407. Consequences of consent or relinquishment

(a) Except under a circumstance stated in section 2-408 of this title, a consent to the adoption of a minor, which consent is executed by a parent or guardian in substantial compliance with sections 2-405 and 2-406 of this title, is final and irrevocable 21 days after execution, and:

(1) unless a court orders otherwise to protect the welfare of the minor, entitles the prospective adoptive parent named or described in the consent to the legal and physical custody of the minor, and imposes on that person responsibility for the support and medical and other care of the minor;

(2) terminates any responsibility of a parent who executed the consent with respect to the minor, including child support (except for arrearages) upon filing the consent with the Family Division of the Superior Court that entered the child support order and notifying the office of child support; and

(3) terminates any right of a parent or guardian who executed the consent to object to the minor’s adoption by the prospective adoptive parent unless otherwise provided in the consent.

(b) Except under a circumstance stated in section 2-409 of this title, a relinquishment of a minor to an agency executed in substantial compliance with sections 2-405 and 2-406 is final and irrevocable 21 days after it is executed, and:

(1) unless a court orders otherwise to protect the welfare of the minor, entitles the agency to the legal custody of the minor until a decree of adoption becomes final;

(2) empowers the agency to:

(A) place the minor for adoption;

(B) consent to the minor’s adoption; and

(C) delegate to a prospective adoptive parent responsibility for the support and medical and other care of the minor;

(3) terminates any responsibility of the person who executed the relinquishment with respect to the minor, including child support (except for arrearages) upon filing the relinquishment with the Family Division of the Superior Court that entered the child support order notifying the office of child support; and

(4) terminates any right of the person who executed the relinquishment to object to the minor’s adoption and, unless otherwise provided in the relinquishment, any right to notice of the proceeding for adoption. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 154, § 238.)