Whether you are considering becoming a donor or surrogate or you are a prospective intended parent, knowledge is power. To help in your family journey, experienced ART attorneys licensed in Vermont and fellows of The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) share expertise and provide an introduction to the laws of Assisted Reproduction Technology in VT.
Key Questions on ART Laws in Vermont
Generally, is your state friendly to ART? Vermont is friendly to ART.
Is your state friendly to non-married couples?Vermont is friendly to non-married couples.
Is your state friendly to LGBT families?Vermont is friendly to LGBT families.
Is your state friendly to a single intended parent? Vermont is friendly to single intended parents.
Are there statutes in place for surrogacy?Vermont has statutes in place for surrogacy.
Does your State have an embryo donation statute?Vermont has statutes in place for embryo donations as part of the Vermont Parentage Act.
Does your State have an egg donation statute? Vermont has statutes in place for egg donation as part of the Vermont Parentage Act.
Is gestational surrogacy (third party gamete use) permitted? Vermont permits gestational surrogacy.
Is traditional surrogacy (use of the surrogate’s genetic material) permitted?Vermont permits traditional surrogacy if the surrogate is a relative (although that term is undefined).
Is compensated surrogacy allowed by statute? In practice? Vermont permits compensated surrogacy.
Is uncompensated (expense reimbursem*nt only) surrogacy allowed by statute? In practice? Vermont permits uncompensated surrogacy.
Does your state only permit a Carrier to be reimbursed for expenses? Vermont does not only permit a carrier to be reimbursed for expenses.
Are surrogacy agreements enforceable, void or prohibited?Surrogacy agreement are enforceable in Vermont.
Do both Intended Parents both have to be genetically related to the child? Intended Parent do not have to both be genetically related to the child in Vermont.
Does your State require at least one Intended Parent to be genetically related to the child? Vermont does not require at least one intended parent to be genetically related to the child.
If a single intended parent uses surrogacy do they have to be genetically related to the child? A single intended parent does not have to be genetically related to the child in Vermont.
Do the Intended Parents have to be married? Intended Parents do not have to be married in Vermont for surrogacy.
Do two Intended Parents have to be opposite gender? Two intended parents do not have to be opposite gender for surrogacy in Vermont.
Does your state allow pre-birth parentage orders to be issued for surrogacy? Vermont allows pre-birth orders to be issue for surrogacy.
Does your state only allow a post-birth parentage order to be issued? Vermont does not only allow a post-birth parentage order to be issued.
Can you obtain both a pre and post birth order in your State for the same child?You can obtain both a pre and post birth order in Vermont for the same child.
Can you obtain a parentage order if only the carrier resides in the State?You an obtain a parentage order if only the carrier resides in Vermont.
Can you obtain a parentage order if only the intended parents reside in the State? You can obtain a parentage order if only the intended parents reside in Vermont.
Can you obtain a parentage order if only the birth occurs in the State?You can obtain a parentage order if only the birth occurs in Vermont.
Can you obtain a parentage order if only the medical procedures/IVF Clinic is in the State? You cannot obtain a parentage order if only the medical procedures/IVF Clinic is in the State.
What is the basis for venue in the State? The basis for venue in Vermont is whether the intended parents reside, where the gestational carrier resides, or where the birth will occur.
Do results vary by venue?The result in Vermont do not vary by venue.
Is a hearing required for a parentage order?A hearing is not required for a parentage order in Vermont.
Does the State have a passport office? Vermont does have a passport office.
How long does it take to obtain a birth certificate? It takes a couple of days to obtain a birth certificate in Vermont.
Will your vital records honor a parentage order from another state? Vermont vital records will honor a parentage order from another state.
Does your vital records require a parentage order from another state to be registered? Vermont vital records does not require a parentage order form another state to be registered.
How does the birth certificate list same-sex parents? Vermont lists same-sex parents as “PARENT / PARENT” on the birth certificate.
Can an initial birth certificate be obtained naming the biological parent and the carrier? An initial birth certificate can be obtained naming the biological parent and the carrier in Vermont.
Can the birth certificate be amended to include only the biological parent or both intended parents? The birth certificate can be amended to include only the biological parent or both intended parents in Vermont.
Can intended parents in a surrogacy obtain an adoption order? Intended Parents in a surrogacy can obtain an adoption order in Vermont.
Assisted Reproduction law and surrogacy involves many complex issues. Parties who are contemplating engaging in a surrogacy arrangement in the State of Maine should not rely exclusively on these printed responses. All these issues should be discussed with a Maine attorney who is experienced in surrogacy law. Answers to these questions will be impacted by numerous circ*mstances that are unique to your surrogacy arrangement.
