On July 1, 2018, the new Vermont Parentage Act (VPA) went into effect. Through the VPA, the Vermont Legislature re-wrote Vermont’s laws on parentage to be modern and reflective of the great diversity of families in Vermont. What this means for children and families in Vermont is that there is greater clarity on WHO 可以确定亲子关系， 如何 to establish parentage. Why is this so important? Securing a child’s relationship to their parent is one of the most important components of stability and security for a child.

GLAD’s FAQ about the Vermont Parentage Act provides information and answers about these new protections. And GLAD Answers is available to answer questions and provide legal information about Vermont’s groundbreaking new parentage laws.

Visit healthvermont.gov for access to updated parentage forms.

什么是佛蒙特州亲子法？

The Vermont Parentage Act, or VPA, is a new set of state laws that expand the ways someone can legally establish that they are the parent of a child (also known as parentage). The bill became law on May 22, 2018, with broad bi-partisan support throughout Vermont, and it goes into effect on July 1, 2018.

Why was it passed now?

多年来，佛蒙特州法院一直呼吁立法机构对本州的亲子关系法进行现代化改革，因为此前他们被迫在没有明确法定指导的情况下审理案件。为此，立法机构在2016-2017立法会期成立了亲子关系研究委员会。该委员会由众多利益相关者组成。委员会研究了现有的亲子关系法和判例法，并就必要的修改提出了建议。他们的工作最终于2017年10月发布了一份报告，其中包含了后来成为自愿保护法案（VPA）的拟议立法。

When does it go into effect?

The VPA will go into effect on July 1, 2018.

亲子关系是什么意思？ 

“Parentage” means that you are a legal parent for all purposes. Parentage comes with a host of rights (e.g. parenting time and decision making) as well as duties (e.g. payment of child support, providing health insurance, providing for basic needs).

佛蒙特人如何根据 VPA 确认亲子关系？ 

VPA 规定佛蒙特州居民可以通过以下方式确认自己的亲子关系：

  • 生育（不包括代孕）
  • 采用
  • 致谢
  • 裁决
  • 假定
  • 事实亲子关系
  • 遗传亲子关系（不包括捐赠者）
  • 辅助生殖
  • 妊娠载体协议

How do I voluntarily acknowledge my child?

你可以通过签署佛蒙特州卫生部（Vermont Department of Health）的表格（称为 “自愿承认亲子关系”或VAP. A VAP must be signed by the birth parent and the other parent. If you are the non-birth parent, you can sign a VAP if you are a genetic parent, an intended parent of a child born by ART or surrogate, or a presumed parent of the child. Signing a VAP form is voluntary, and it can be done at the hospital soon after birth or at another time. A VAP form must be witnessed and signed by at least one other person. If one person does not want to sign this form, then the other parent can try to adjudicate parentage through the courts.

什么是推定父母？

A presumed parent is a non-birth parent that the law recognizes because of certain circumstances or relationships.

谁可以成为推定父母？

如果以下任何一项属实，您就是推定的父母：

  1. 孩子出生时，您与孩子的亲生父母结婚；
  2. 您与孩子的亲生父母结婚，并且孩子在婚姻因死亡、婚姻无效或离婚而终止后 300 天内出生；
  3. 您在孩子出生后与孩子的亲生父母结婚，主张亲子关系并在出生证明上被列为父母；或者
  4. You resided with the child for the first two years of their life, and another parent of the child openly held the child out as your child.

什么是事实上的父母？

A de facto parent is a parent recognized by the court because of their relationship with the child. You can establish de facto parentage if you can demonstrate, with clear and convincing evidence, all of the following:

  1. 您作为家庭的常驻成员与孩子一起生活了相当长一段时间；
  2. 您始终如一地照顾孩子；
  3. 您承担起对孩子全部和永久的责任，并且不期望得到任何报酬；
  4. 你把这个孩子当成你自己的孩子；
  5. 你们建立了一种本质上类似于父母的相互依存和依赖的关系；
  6. 您与孩子之间存在父母关系，并且由另一位父母支持；并且
  7. 继续与孩子保持关系符合孩子的最大利益。

如果我是签署了 VAP 的父母，我还需要进行第二父母收养吗？

A VAP is the equivalent of a judicial decree, and a VAP establishes legal parentage under state law and gives you all of the rights and duties of a parent. Until LGBTQ parents can sign VAP forms throughout the United States, it is best practice to also complete a co-parent adoption of your child to ensure universal recognition of parentage.

为什么快速确认亲子关系很重要？

Establishing parentage quickly ensures that a child is secured to their parents for all purposes and increases clarity for all involved in a child’s life. This is particularly important if a problem with the child or the parents should arise; for example, established parentage will allow a parent to make any early medical decisions in a child’s life, ensure that a child will receive insurance benefits or inheritance rights, and protect parents’ parental rights if they separate.

What if I am a non-biological parent?  How can I establish myself as a legal parent?

The VPA has many provisions that protect non-biological parents. If you are you child’s presumed parent, or the parent of a child born by ART or gestational carrier agreement, you can establish parentage by signing a VAP. If the child’s other parent does not want to sign a VAP, you can seek a court order establishing parentage. You can also become a parent through the de facto parent provisions of the VPA.

How does the VPA help people conceiving through assisted reproduction?

Vermont never before had statutes addressing assisted reproduction, so the VPA provides important clarity for all involved. The VPA provides that a donor is not a parent of a child conceived through assisted reproduction. Also, a person who consents to assisted reproduction with the intent to be a parent of the resulting child is a legal parent.

我可以通过代孕来生孩子吗？

Yes. The VPA has comprehensive provisions about how to establish parentage through gestational carrier agreements. Before starting any medical procedures to conceive a child through a carrier process, you must have a written and signed agreement. This agreement is between you, any other intended parents, the carrier, and the spouses of any of those parties (if applicable). This agreement will establish that you are the parent(s) of the child and that the carrier and their spouse, if applicable, do not have parental rights or duties. To enter into a gestational carrier agreement, the following must be true:

  1. 所有预期父母和代孕妈妈必须年满 21 岁；
  2. 所有预期父母和代孕妈妈必须完成医疗评估和心理健康咨询；并且
  3. The intended parent(s) and the carrier must be represented by separate lawyers for the purposes of the agreement., and the carrier’s attorney must be paid for by the parent(s).

法律要求代孕协议必须包含几个条款才有效，例如允许代孕妈妈在怀孕期间自行做出健康和福利决定，并要求父母支付所有相关的医疗费用。

Can Vermonters use genetic carriers?

Yes. If a carrier is a family member, they can serve as a gestational carrier using their own gametes. Someone who is not a family member cannot be a genetic surrogate. Otherwise, the same laws, including the need for a valid agreement, apply to genetic and non-genetic carriers.

I am worried about domestic violence. What protections are there for survivors so that they are not pressured into establishing legal parentage?

The VPA aims to ensure that the establishment of parentage is fair, clear, efficient and child-centered.  Some legal parentage arises out of operation of law. Other legal parentage can arise by consent. No one should ever be or feel pressured to consent to parentage. The VPA contains many provisions that allow people to challenge parentage if it was established through duress, coercion, or threat of harm.

一个孩子可以有两个以上的法定父母吗？

Yes. A court may determine that a child has more than two parents if the court finds that it is in the child’s best interest. To determine best interests vis a vis parentage, a court must consider factors such as the child’s age, the length and nature of the potential parent’s relationship with the child, the harm to the child if the parental relationship is not recognized, the basis for each person’s claim of parentage of the child, and other equitable factors.

What if I am not married?  What if I am transgender or non-binary?

The VPA explicitly provides that every child has the same rights as any other child without regard to the marital status or gender of the parents or the circumstances of their birth. By being marital status and gender neutral, the VPA aims to treat all Vermonters equally.

如果我需要帮助解决亲子关系问题，我应该去哪里？

与任何家庭法律问题一样，建议您寻求法律咨询。我们的法律信息热线 GLAD Answers 可以提供信息并推荐当地执业律师。如果您对如何保护您的家人有任何疑问，请联系 GLAD Answers，电话： www.GLADAnswers.org 或 800.455.GLAD。