Vermont Statutes Title 15 Sec. 3-705
Terms Used In Vermont Statutes Title 15 Sec. 3-705
- Adoptee: means a person who is adopted or is to be adopted. See
- Department: means the Department for Children and Families. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Minor: means a person who has not attained 18 years of age. See
- Records: means all documents, exhibits and data pertaining to an adoption, whether collected prior to or after the decree of adoption. See
- Relative: means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew of a person, whether related to the person by the whole or the half blood, affinity, or adoption. See
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See
- Stepparent: means a person who is the spouse or surviving spouse of a parent of a child but who is not a parent of the child. See
§ 3-705. Decree of adoption
(a) A decree of adoption shall state or contain:
(1) the original name of the minor adoptee, if the adoption is by a stepparent or relative and, in all other adoptions, the original name or initials;
(2) the name of the petitioner for adoption;
(3) whether the petitioner is married or unmarried;
(4) whether the petitioner is a stepparent of the adoptee;
(5) the name by which the adoptee is to be known and when the name takes effect;
(6) information to be incorporated into a new birth certificate to be issued by the State Registrar of Vital Records, unless the petitioner or an adoptee who has attained 14 years of age requests that a new certificate not be issued;
(7) the adoptee’s date, time, and place of birth, if known, or in the case of an adoptee born outside the United States, as determined pursuant to subsection (b) of this section;
(8) the effect of the decree of adoption as stated in sections 1-104 through 1-106 of this title; and
(9) that the adoption is in the best interests of the adoptee.
(b) In determining the date and place of birth of an adoptee born outside the United States, the court shall:
(1) enter the date and place of birth as stated in the birth certificate from the country of origin, the U.S. Department of State’s report of birth abroad, or the documents of the U.S. Immigration and Naturalization Service;
(2) if the exact place of birth is unknown, enter the information that is known and designate a place of birth according to the best information known with respect to the country of origin;
(3) if the exact date of birth is unknown, determine a date of birth based upon medical evidence as to the probable age of the adoptee and other evidence the court considers appropriate; and
(4) if documents described in subdivision (1) of this subsection are not available, determine the date and place of birth based upon evidence the court finds appropriate to consider.
(c) Except for a decree of adoption of a minor by a stepparent which is issued pursuant to Article 4 of this title, a decree of adoption of a minor shall contain a statement that any order or agreement for visitation or communication with the minor that was in effect before the decree is issued shall be unenforceable.
(d) A decree that substantially complies with the requirements of this section is not subject to challenge solely because one or more items required by this section are not contained in the decree. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2017, No. 46, § 58, eff. July 1, 2019.)