Vermont Statutes Title 15 Sec. 708
Terms Used In Vermont Statutes Title 15 Sec. 708
- Assisted reproduction: means a method of causing pregnancy other than sexual intercourse and includes:
- Birth: includes stillbirth. See
- Child: means a person of any age whose parentage may be determined under this title. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Intended parent: means a person, whether married or unmarried, who manifests the intent to be legally bound as a parent of a child resulting from assisted reproduction or a gestational carrier agreement. See
- Parent: means a person who has established parentage that meets the requirements of this title. See
- Parentage: means the legal relationship between a child and a parent as established under 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
- Probate: Proving a will
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See
§ 708. Birth and parentage orders
(a) A party consenting to assisted reproduction, a person who is a parent pursuant to sections 702-704 of this title, an intended parent or parents, or the person giving birth may commence a proceeding in the Probate Division of the Superior Court to obtain an order and judgment of parentage doing any of the following:
(1) declaring that the intended parent or parents are the parent or parents of the resulting child and ordering that parental rights and responsibilities vest exclusively in the intended parent or parents immediately upon the birth of the child;
(2) except as provided in subsection (d) of this section, sealing the record from the public to protect the privacy of the child and the parties;
(3) designating the contents of the birth certificate and directing the Department of Health to designate the intended parent or parents as the parent or parents of the child; or
(4) for any relief that the court determines necessary and proper.
(b) A proceeding under this section may be commenced before or after the birth of the child.
(c) Neither the donor, the State, nor the Department of Health is a necessary party to a proceeding under this section.
(d) The Probate Division of the Superior Court shall forward a certified copy of the order issued pursuant to this section to the Department of Health and to the intended parents or their representative.
(e) The intended parent or parents and any resulting child shall have access to the court records relating to the proceeding at any time. (Added 2017, No. 162 (Adj. Sess.), § 1; amended 2019, No. 24, § 4.)