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In Vermont, gestational surrogacy is permitted by the Vermont Parentage Act of 2018, effective July 1, 2018.
Traditional (genetic) surrogacy is permitted in Vermont because no statute or published case law prohibits it. However, except for family members, it is not covered by the new parentage law, and so traditional surrogacy will be treated like adoption.
The basic requirements to become a surrogate are set forth in the new Vermont Parentage Act.
Parentage Orders: Courts in Vermont do grant pre-birth orders. We recommend that this process be commenced immediately following the first trimester.
The conditions under which intended parents could be declared legal parents with a pre-birth order if at least one parent is genetically related to the child are listed below:
For intended parents who are in no way related to the resulting child, the conditions under which intended parents could be declared legal parents with a pre-birth order are listed below:
Yes
Parents will be listed on the birth certificate as “parent” and “parent.”
An international same-sex male couple can obtain a birth certificate listing the biological father and gestational surrogate as parents. They can also obtain one with just the biological father listed. It cannot be expedited by the child being born in state, but a second-parent adoption could probably be obtained out of state and then documented in VT to update the birth certificate.
In Vermont, same-sex couples are not treated any differently than other couples or singles. Pre-birth orders are highly recommended as not all states are as friendly to the parentage rights of same-sex couples, and states such as Michigan and New York currently outlaw compensated surrogacy arrangements.
Unmarried Intended Parents are on equal footing as married parents, though without the marital presumption of joint parentage, it is especially important for these couples to obtain pre-birth orders.
Chapter 7 of the Vermont Parentage Act states, “A donor is not a parent of a child conceived through assisted reproduction.”
Kurt M. Hughes
Tarnelli & Hughes Family Law, PLLC
The Maltex Building
431 Pint Street, Suite 301
Burlington, VT 05401
Ph: 802.540.1738
https://tarnellihugheslaw.com
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