Gestational Surrogacy Regulations in Vermont

Overview

Gestational Surrogacy is specifically permitted by The Vermont Parent Act of 2018 (§15C-8-801 through 809).

Intended Parents

Age requirement:
21 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Mental health counseling:
Yes
Resident status:
No*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
21 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational and Traditional Surrogacy
Mental health counseling:
Yes
Resident status:
No*
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IP(s) or GC are residents of Vermont, there is basis for venue in Vermont.

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes

Birth of Child

Birth in Vermont:
Yes
Birth outside of Vermont:
Yes

Pre-Birth Orders can be readily obtained by any Intended Parent, whether married or unmarried, a heterosexual or same-sex couple or individual, and even if neither Intended Parent is genetically related to the child.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
No
Post-Birth Orders:
Yes

General Information

Will Vermont Vital Records honor a Pre-Birth Order from another state:
Yes* (Because there is no case law it is unclear whether these circumstances would be accepted by the court. Please consult with a local attorney)
What is the typical time frame to obtain a birth certificate after delivery:
2 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes* (Because there is no case law it is unclear whether these circumstances would be accepted by the court. Please consult with a local attorney)
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Vermont Residents:

This situation typically arises if the child is born outside of Vermont. The parents then return to Vermont to obtain a second parent adoption or stepparent adoption in Vermont. Please consult with your attorney on this matter if this issue is to arise.

Traditional Surrogacy in Vermont?

Traditional Surrogacy is generally permitted because no statute or published case law prohibits it. Traditional Surrogacy is not covered by the Vermont Parentage Act and will be treated like an adoption. Please consult with a local attorney to determine if you can move forward with traditional surrogacy.
Legal content provided by:

Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.