Vermont Statutes Title 15 Sec. 804
Terms Used In Vermont Statutes Title 15 Sec. 804
- 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
- Gestational carrier: means an adult person who is not an intended parent and who enters into a gestational carrier agreement to bear a child conceived using the gametes of other persons and not the gestational carrier's own, except that a person who carries a child for a family member using the gestational carrier's own gametes and who fulfills the requirements of chapter 8 of this title is a gestational carrier. 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
- 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
- Spouse: includes a partner in a civil union or a partner in a legal relationship that provides substantially the same rights, benefits, and responsibilities as marriage and is recognized as valid in the state or jurisdiction in which it was entered. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 804. Birth and parentage orders
(a) Before or after the birth of a resulting child, a party to a gestational carrier agreement 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) Declaring that the gestational carrier or her spouse, if any, are not the parents of the resulting child.
(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. The Department of Health may charge a reasonable fee for the issuance of a birth certificate.
(4) Sealing the record from the public to protect the privacy of the child and the parties.
(5) Providing any relief the court determines necessary and proper.
(b) Neither the State nor the Department of Health is a necessary party to a proceeding under subsection (a) of this section.
(c) 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.
(d) The intended parent or parents and any resulting child shall have access to their court records at any time. (Added 2017, No. 162 (Adj. Sess.), § 1; amended 2019, No. 24, § 5.)