Terms Used In Vermont Statutes Title 15 Sec. 5-103

  • Adoptee: means a person who is adopted or is to be adopted. See
  • Adult: means a person who has attained 18 years of age. 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
  • 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

§ 5-103. Consent by spouse

(a) Consent to the adoption of an adult or emancipated minor is required only of the spouse of the prospective adoptive parent, unless they are legally separated, or the court finds that the spouse is not capable of giving consent or is withholding consent contrary to the best interests of the adoptee and the prospective adoptive parent.

(b) The consent of the spouse of the prospective adoptive parent:

(1) shall be in writing and be signed or confirmed in the presence of the court or a person authorized to take acknowledgments;

(2) shall state that the spouse:

(A) consents to the proposed adoption; and

(B) understands the consequences the adoption may have for any right of inheritance, property, or support the spouse has; and

(3) may contain a waiver of any proceedings for adoption. (Added 1995, No. 161 (Adj. Sess.), § 1.)