Vermont’s New Confirmatory Adoption Law Boosts Security for LGBTQ+ Families

Vermont continues to lead on ensuring LGBTQ+ people and families are protected and treated equally with passage of a new law making it easier for parents who have had a child through assisted reproduction to confirm their parentage through adoption.

Yesterday, Republican Gov. Phil Scott signed into law An act relating to confirmatory adoptions. (H.98) Championed by state Reps. Martin LaLonde and Barbara Rachelson, the legislation makes the adoption process more efficient for parents seeking an adoption decree to confirm an existing parent-child relationship by removing cumbersome and costly barriers that non-genetic parents face when adopting their own children. Confirmation of an existing parent-child relationship through judgments like adoption decrees is vitally important to protect families formed through assisted reproduction, including LGBTQ+ families. The new law takes effect July 1.

“I’m proud to see this bill signed into law. This is what we should be prioritizing as legislators: ensuring that all Vermont families — no matter how they’re formed — are legally protected and more secure,” said Rep. Barbara Rachelson, the primary sponsor of H.98. “H.98 streamlines the adoption process for parents who planned for and built their families through assisted reproduction. Now, if an individual who is already considered a parent under Vermont law seeks an adoption decree to confirm their parent-child relationship, they won’t have to undergo an invasive home study, notify gamete donors, or complete a mandatory residency period before receiving an adoption decree.”

“Parents who use assisted reproduction, in Vermont and elsewhere, continue to face the reality that other states may discriminate against them and refuse to recognize their legal status as parents because of a lack of genetic connection — especially if the parents are LGBTQ,” said Rep. Martin LaLonde, who co-sponsored H.98. “Although Vermont recognizes parents who use assisted reproduction with donor gametes as legal parents, other states may not. With an adoption decree, if the family travels or moves to another state, that state must recognize the parents’ legal relationships to their children. Streamlining the adoption process enables families to more easily obtain this important layer of protection.”

Under the new law, parents of children born through assisted reproduction who are parents or presumed parents under the Vermont Parentage Act can petition for an  adoption decree by submitting a certified copy of the child’s birth certificate, a signed petition for adoption, a copy of their marriage certificate if applicable, and a signed declaration explaining that the child was born through assisted reproduction, attesting to their consent to assisted reproduction, and stating that there are no other persons with a claim to parentage of the child.

The law was passed as LGBTQ+ families grow more concerned about attacks on LGBTQ+ people at the federal level and in states that are less LGBTQ+-friendly than Vermont. 

“This is an important step toward ensuring that LGBTQ+ families in Vermont are able to protect themselves wherever they may travel. With extremists escalating their attacks on LGBTQ+ people across the country, parents are justifiably seeking paths to secure their legal parent-child relationship, including through adoption decrees, which are easily recognizable and must receive respect in all jurisdictions,” said Polly Crozier, GLBTQ Legal Advocates & Defenders Director of Family Advocacy. “Vermont joins nine other states with confirmatory adoption laws, and we expect others will follow their lead. We’re thankful to Representatives Rachelson and LaLonde for championing this bill and to Governor Scott for signing it into law.”

“This common-sense legislation is vital for LGBTQ+ families, and all families using assisted reproduction in Vermont, especially in the current political and social climate. It gives increased legal security to children born through assisted reproduction in an efficient and validating manner,” said Meg York, Senior Policy Counsel and Director of LGBTQ+ Family Law and Policy at Family Equality. “Parents seeking to protect their children in this way will no longer endure an onerous, lengthy, and expensive adoption process, making it accessible to more families. Thank you to Representatives Rachelson and LaLonde, and all of our allies and partners in Vermont for their leadership on H.98.”

“As a family law attorney specializing in the legalities of adoption and assisted reproduction, I’m profoundly pleased H.98 was signed into law. Even before the start of the second Trump administration, we heard from many LGBTQ+ families interested in confirmatory adoption for greater legal security,” said Kurt Hughes, Senior Partner at Tarnelli & Hughes Family Law. “This law will make a tangible difference for families across Vermont. Families are formed in many different ways and our laws must continue to reflect that reality. Thank you to Governor Scott, the Legislature, and Representatives Rachelson and LaLonde for upholding Vermont’s commitment to fairness and equality for all.”