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Vermont Surrogacy Law Overview

The Center for Surrogate Parenting walks you through Vermont surrogacy law

Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including Vermont surrogacy law. In fact, the Center for Surrogate Parenting (CSP) has completed several finalizations of parental rights in this state.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about Vermont surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      The Vermont Parentage Act of 2018 specifically permits gestational surrogacy.

    • Does the state have surrogacy laws and/or case law?

      The Vermont Parentage Act of 2018 specifically permits gestational surrogacy.

    • Are the courts typically favorable or unfavorable towards surrogacy arrangements?

      Vermont courts are typically favorable towards surrogacy arrangements.

    • Is commercial surrogacy legal?

      Commercial surrogacy is legal in Vermont and the intended parents are permitted to compensate the surrogate for her time and expenses. Such compensation is typically arranged for in a surrogacy contract.

    • Is traditional surrogacy permitted?

      Yes. Although traditional surrogacy is not expressly permitted, it is not statutorily prohibited and is allowed. However, parentage orders are not allowed in such circumstances and so parentage must be established through an adoption proceeding.

    • Is gestational surrogacy allowed?


    • What are the requirements for an enforceable surrogacy contract?

      A surrogacy contract shall be binding and enforceable if it is in writing, signed by all parties, witnessed by at least one other person and executed prior to the start of any medical procedures. The agreement must require no more than a one-year term to achieve pregnancy. At least one of the parties must be a legal resident of Vermont. The surrogate and intended parents must meet specific requirements and have independent legal counsel. The agreement should include provisions that discuss the legal, financial and contractual rights, expectations, penalties and obligations of the surrogacy agreement.

    • Can both intended parents be declared the legal parents?

      Yes, both intended parents can be the legal parents in a pre-birth order or otherwise, regardless of marital status, sexual orientation, use of an egg or sperm donor, or genetic relationship to the child.

    • Are pre-birth and post-birth orders permitted?

      Pre-birth parentage orders can be obtained by any intended parent, regardless of marital status, sexual orientation or genetic relationship to the child.

    • Will the state honor a pre-birth order issued by another state?

      Most likely yes.

    • What do intended parents need to know about getting the baby’s birth certificate?

      The parents will receive the birth certificate within 2 weeks. Same-sex parents will be named as Parent and Parent.

      International gay couples can obtain an initial birth certificate that names the biological father only. They might be able to obtain an initial birth certificate that names the biological father and gestational carrier, but this has yet to be determined under the new law. They can subsequently obtain a birth certificate that names the biological father or both fathers only, with no mention of the gestational carrier.

    • Are post-birth adoptions permitted?

      Post-birth adoptions are rarely necessary. Typically, a post-birth adoption will only be necessary if the intended parents are from Vermont but complete a surrogacy arrangement in a different state where they are unable to obtain or secure their parental rights (by parentage order or adoption). In such a situation, they may complete a post-birth adoption in Vermont.

    • Are second-parent adoptions permitted?

      Second parent adoptions are permitted and available to unmarried couples. However, it may be a lengthier process since a second-parent adoption requires a home study in Vermont.

    • Are stepparent adoptions permitted?

      Stepparent adoptions are permitted and available to married couples. Unlike a second-parent adoption, a home study is not required, so the process is much quicker for a stepparent adoption.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.