How to Establish Paternity in Vermont
Reviewed by DocDraft Legal Team · Vermont · Last updated 2026-09-12
In Vermont, establishing paternity means legally identifying a child's parent under the Vermont Parentage Act (Title 15C of the Vermont Statutes) so the child gains rights to support, inheritance, health coverage, and benefits and the parent gains standing to seek custody and contact. Vermont law is written in terms of parentage rather than paternity, and it offers two main routes. Unmarried parents who agree can sign a Voluntary Acknowledgment of Parentage, filed with the Vermont Department of Health, which has the same effect as a court order establishing parentage (15C V.S.A. 301). When parents do not agree, a court adjudicates parentage, often after genetic testing. Two Vermont deadlines are load-bearing. A person married to the birth parent at birth is a presumed parent (15C V.S.A. 401), and a proceeding to challenge that presumption must generally be commenced within two years after the child's birth (15C V.S.A. 402). A signatory who wants to challenge a Voluntary Acknowledgment after the 60-day rescission window must do so within two years of its effective date (15C V.S.A. 308). Attorney review of your situation is available through DocDraft.
Find out where you stand in Vermont
Where are you in establishing paternity?
DocDraft provides document preparation, not legal advice.
How long do I have to challenge a presumed parent in Vermont?
Under 15C V.S.A. 402, a proceeding to challenge the parentage of a presumed parent must generally be commenced within two years after the child's birth. Limited exceptions allow a later challenge, such as where the presumed parent is not a genetic parent, never resided with the child, and never held the child out as their own.
What is the marital presumption of parentage in Vermont?
Under 15C V.S.A. 401, a person is presumed to be a parent if they were married to the person who gave birth at the time of birth, or if the child is born within 300 days after the marriage ends. That presumption can be challenged in a proceeding commenced within two years of birth (15C V.S.A. 402).
What genetic-testing result establishes parentage in Vermont?
Under 15C V.S.A. 604, a person is identified as a genetic parent when genetic testing that complies with the statute shows at least a 99 percent probability of parentage as determined by the testing laboratory. Courts can order testing to help resolve a disputed parentage claim.
How does a court decide a contested parentage case in Vermont?
When a presumption is challenged, the Family Division of the Superior Court adjudicates parentage based on the best interests of the child, weighing factors such as the child's age and the nature of the child's relationship with each person claiming parentage (15C V.S.A. 402).
Vermont parentage law at a glance
Vermont's Parentage Act (Title 15C) speaks of parentage rather than paternity and treats all children equally regardless of their parents' marital status. Unmarried parents who agree can establish parentage without court by signing a Voluntary Acknowledgment of Parentage, filed with the Department of Health, where it carries the effect of a court order (15C V.S.A. 301). Two timing rules stand out. A person married to the birth parent at birth is a presumed parent (15C V.S.A. 401), and a challenge to that presumption must generally be commenced within two years of the child's birth (15C V.S.A. 402), though narrow exceptions allow a later challenge. A signatory who wants to undo an acknowledgment after the 60-day rescission window must act within two years of its effective date (15C V.S.A. 308). Genetic testing identifies a genetic parent at a 99 percent probability of parentage (15C V.S.A. 604).
Establishing Vermont parentage for a child of unmarried parents
Suppose a child is born in Vermont to unmarried parents who agree on the second parent. At the hospital both sign a Voluntary Acknowledgment of Parentage, filed with the Department of Health, giving it the effect of a court order (15C V.S.A. 301). If one signer later has doubts, they can rescind within 60 days, the federal window; after that a signatory challenge must be brought within two years of its effective date (15C V.S.A. 308). Had the parents disputed parentage, either could file in the Family Division of the Superior Court, where genetic testing showing at least a 99 percent probability identifies a genetic parent (15C V.S.A. 604). Had the child been born to a married person, that presumed-parent presumption (15C V.S.A. 401) would generally have to be challenged within two years of birth (15C V.S.A. 402). Attorney review is available through DocDraft.
Relevant Laws
15C V.S.A. 401 (presumption of parentage)
Provides that a person is presumed to be a parent of a child if they are married to the person who gave birth at the time of the child's birth, or if the child is born within 300 days after the marriage is terminated, among other listed circumstances.
15C V.S.A. 402 (challenge to presumed parent)
Provides that a proceeding to challenge the parentage of a presumed parent must generally be commenced within two years after the child's birth, with narrow exceptions that permit a later challenge in specified circumstances.
15C V.S.A. 301 (establishing parentage by acknowledgment)
Provides that the birth parent and a person seeking to establish parentage may sign a Voluntary Acknowledgment of Parentage and that, once effective, it has the same effect as a court order establishing parentage.
15C V.S.A. 308 (challenge to acknowledgment by signatory)
Provides that after the rescission period a signatory may challenge an acknowledgment or denial of parentage only for fraud, duress, or material mistake of fact, and must commence the proceeding within two years after the acknowledgment or denial is effective.
15C V.S.A. 604 (genetic-testing probability threshold)
Provides that a person is identified as a genetic parent of a child when genetic testing that complies with the chapter shows at least a 99 percent probability of parentage as determined by the testing laboratory.
Vermont Office of Child Support
The Office of Child Support provides Voluntary Acknowledgment of Parentage forms and information, can initiate parentage and support proceedings, and administers child support services for families in Vermont.
Regional Variances
Vermont parentage rules at a glance
Voluntary path and form
Unmarried parents establish parentage by signing a Voluntary Acknowledgment of Parentage, filed with the Vermont Department of Health, which gives it the effect of a court order (15C V.S.A. 301). Forms are available from the Office of Child Support and hospitals.
Rescission window
A signer may rescind within 60 days, the federal window. After that, a signatory may challenge the acknowledgment only for fraud, duress, or material mistake, and must do so within two years of its effective date (15C V.S.A. 308).
Marital presumption and deadline
A person married to the birth parent at birth is a presumed parent (15C V.S.A. 401); a challenge to that presumption must generally be commenced within two years of birth (15C V.S.A. 402), subject to narrow exceptions.
Best-interests adjudication
When a presumption is challenged, the Family Division of the Superior Court adjudicates parentage based on the best interests of the child, considering the child's age and the child's relationship with each person claiming parentage.
Genetic-testing threshold
A person is identified as a genetic parent when compliant genetic testing shows at least a 99 percent probability of parentage as determined by the testing laboratory (15C V.S.A. 604).
Who administers it
The Vermont Office of Child Support provides forms and can begin proceedings; acknowledgments are filed with the Department of Health, and disputed parentage is decided by the Family Division of the Superior Court.
Suggested Compliance Checklist
Confirm whether a presumed parent exists
Before signing or filing anything days after startingDetermine whether a person was married to the birth parent at the child's birth, or the child was born within 300 days after the marriage ended, which creates a presumed parent (15C V.S.A. 401). If so, a challenge must generally be commenced within two years of birth (15C V.S.A. 402).
Get genetic testing if parentage is uncertain
Before signing an acknowledgment days after startingBecause a signed acknowledgment has the force of a court order, obtain genetic testing first if there is doubt. Under 15C V.S.A. 604, compliant testing showing at least a 99 percent probability of parentage identifies a person as a genetic parent.
Sign and file the Voluntary Acknowledgment of Parentage
At the hospital or through the Office of Child Support days after startingUnmarried parents who agree sign the acknowledgment and file it with the Vermont Department of Health, which gives it the effect of a court order (15C V.S.A. 301). Keep a copy. Attorney review of your parentage matter is available through DocDraft.
Track the 60-day rescission window
Within 60 days of signing days after startingIf you need to cancel a signed acknowledgment, rescind within 60 days, the federal window. After that, a signatory challenge is limited to fraud, duress, or material mistake and must be commenced within two years of its effective date (15C V.S.A. 308).
File a parentage action if parents disagree
Any time a dispute arises days after startingIf parents do not agree, ask the Office of Child Support to open a case or file a proceeding in the Family Division of the Superior Court (15C V.S.A. 604). The court can order genetic testing and adjudicate parentage in the child's best interests.
Keep records of the acknowledgment, testing, and orders
Ongoing days after startingSave copies of the acknowledgment, any genetic-test results, and court papers, and calendar the 60-day rescission window, the two-year presumption challenge deadline (15C V.S.A. 402), and the two-year acknowledgment challenge deadline (15C V.S.A. 308).
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm whether a presumed parent exists | Determine whether a person was married to the birth parent at the child's birth, or the child was born within 300 days after the marriage ended, which creates a presumed parent (15C V.S.A. 401). If so, a challenge must generally be commenced within two years of birth (15C V.S.A. 402). | - | Before signing or filing anything |
| Get genetic testing if parentage is uncertain | Because a signed acknowledgment has the force of a court order, obtain genetic testing first if there is doubt. Under 15C V.S.A. 604, compliant testing showing at least a 99 percent probability of parentage identifies a person as a genetic parent. | - | Before signing an acknowledgment |
| Sign and file the Voluntary Acknowledgment of Parentage | Unmarried parents who agree sign the acknowledgment and file it with the Vermont Department of Health, which gives it the effect of a court order (15C V.S.A. 301). Keep a copy. Attorney review of your parentage matter is available through DocDraft. | - | At the hospital or through the Office of Child Support |
| Track the 60-day rescission window | If you need to cancel a signed acknowledgment, rescind within 60 days, the federal window. After that, a signatory challenge is limited to fraud, duress, or material mistake and must be commenced within two years of its effective date (15C V.S.A. 308). | - | Within 60 days of signing |
| File a parentage action if parents disagree | If parents do not agree, ask the Office of Child Support to open a case or file a proceeding in the Family Division of the Superior Court (15C V.S.A. 604). The court can order genetic testing and adjudicate parentage in the child's best interests. | - | Any time a dispute arises |
| Keep records of the acknowledgment, testing, and orders | Save copies of the acknowledgment, any genetic-test results, and court papers, and calendar the 60-day rescission window, the two-year presumption challenge deadline (15C V.S.A. 402), and the two-year acknowledgment challenge deadline (15C V.S.A. 308). | - | Ongoing |
Frequently Asked Questions
Establishing paternity, which Vermont law calls parentage, means legally identifying a child's parent under the Vermont Parentage Act so the child can receive support, inheritance, health coverage, and benefits, and the parent can seek custody and contact. It is done by signing a Voluntary Acknowledgment of Parentage or through a court proceeding (15C V.S.A. 301, 604).
Unmarried parents who agree sign a Voluntary Acknowledgment of Parentage and file it with the Vermont Department of Health, which gives it the effect of a court order (15C V.S.A. 301). If parents disagree, the Family Division of the Superior Court adjudicates parentage, often after ordering genetic testing (15C V.S.A. 604).
It is a form unmarried parents sign to establish a legal parent-child relationship without going to court. Available from the Department of Health, hospitals, and the Office of Child Support, it has the same effect as a court order once signed by both parents and filed with the Department of Health (15C V.S.A. 301).
The main hard deadlines are the two-year window to challenge a presumed parent (15C V.S.A. 402) and the two-year window for a signatory to challenge an acknowledgment after the 60-day rescission period (15C V.S.A. 308). Narrow exceptions in 15C V.S.A. 402 allow a later challenge in specific circumstances.
Yes, within a limited window. A signer may rescind a Voluntary Acknowledgment of Parentage within 60 days, the federal rescission window. After that, a signatory may challenge it only for fraud, duress, or material mistake of fact, and must commence the proceeding within two years of its effective date (15C V.S.A. 308).
Under 15C V.S.A. 402, a challenge may be brought after two years in limited cases, such as where the presumed parent is not a genetic parent, never resided with the child, and never held the child out as their own, or where a genetic parent could not reasonably have known of their parentage due to concealment.
Under 15C V.S.A. 604, a person is identified as a genetic parent when genetic testing that complies with the statute shows at least a 99 percent probability of parentage as determined by the testing laboratory. A court can order individuals to submit to testing to resolve a parentage question.
The Vermont Office of Child Support provides acknowledgment forms and can initiate parentage or support proceedings, and acknowledgments are filed with the Vermont Department of Health. When parentage is contested, the Family Division of the Superior Court decides it and can order genetic testing (15C V.S.A. 604).
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