Stepparent Adoption in Vermont
Reviewed by DocDraft Legal Team - Vermont - Last updated October 6, 2026
In Vermont a stepparent files the Petition to Adopt Minor by Stepparent, form 700-00131B_C, in the Probate Division of the Superior Court under Article 4 of 15A V.S.A., with a $150 filing fee. Standing under 15A V.S.A. 4-101 depends on custody: for example, your spouse has sole legal and physical custody and the child has lived with you both for the six months before filing. The other parent must consent before a judge or a court-approved person, or have their rights terminated. A termination petition under 15A V.S.A. 3-501 can be joined with the adoption, and that parent must be personally served. If they do not answer or appear, or cannot be notified because their identity or whereabouts is unknown, the court may terminate under 15A V.S.A. 3-504(d); if they appear and assert parental rights, the court needs clear and convincing evidence of a 3-504 ground, such as not exercising parental responsibility for at least six months immediately preceding the filing of the petition, and a finding that termination is in the child's best interests. A child 14 or older must also consent.
Find out where you stand in Vermont
Where are you with adopting your stepchild?
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How are the other parent's rights ended in a Vermont stepparent adoption?
Unless that parent consents, personally serve a 15A V.S.A. 3-501 petition. The court may terminate if they do not answer or appear, or cannot be notified because their identity or whereabouts is unknown. Contested, it needs clear and convincing evidence of a 3-504 ground, like not exercising parental responsibility for at least six months immediately preceding filing, and best interests.
Which court and which form are used for a stepparent adoption in Vermont?
File in the Probate Division of the Superior Court for the district where you live or the child lives, under 15A V.S.A. 3-102(a). The court's form is the Petition to Adopt Minor by Stepparent, 700-00131B_C, signed by you and your spouse before a notary public. The adoption filing fee is $150.
Is a home study required for a stepparent adoption in Vermont?
Under 15A V.S.A. 4-110(a) the court may order an evaluation of the stepparent. The Probate Division's stepparent information sheet says an evaluation is required unless the court waives it, so file any waiver request with the petition. Either way, you must complete a criminal record check with fingerprinting, which takes about 8 to 10 weeks.
At what age must the child consent to a stepparent adoption in Vermont?
Under 15A V.S.A. 4-103, a stepchild who has attained 14 years of age must consent, on the Consent of Minor in Adoption, form 700-00139D, signed in the presence of the judge. The court may dispense with that consent under 2-402(b)(2) if requiring it is not in the child's best interest.
Vermont's Article 4 stepparent rules, form 700-00131B_C, and the termination route
Vermont handles stepparent adoption in Article 4 of the Adoption Act, 15A V.S.A. 4-101 to 4-113, in the Probate Division of the Superior Court. Standing under 4-101(a) turns on custody: your spouse has sole legal and physical custody and the child has been in your and your spouse's physical custody for the six months before filing, or your spouse shares joint legal custody and the child has resided primarily with you both for the 12 months before filing. You file the Petition to Adopt Minor by Stepparent, form 700-00131B_C, with a $150 fee. Your spouse consents on form 700-00139, and under 4-102(b)(1) the adoption does not affect your spouse's legal relationship with the child. The other parent's consent, form 700-00139A, must be signed before the judge or someone approved by the court. If that parent will not consent, a petition to terminate under 15A V.S.A. 3-501 can be joined with the adoption under 4-101(c), and the court's adoption page says the General Motion - Probate, form 700-00300, can be used to ask. That parent must be personally served under 3-403(a). If they do not answer or appear, or cannot be notified because their identity or whereabouts is unknown, the court may terminate under 3-504(d). If they appear and assert parental rights, the court must find by clear and convincing evidence that a 3-504(a) ground exists, such as, for a child over six months old, not exercising parental responsibility for a period of at least six months immediately preceding the filing of the petition, and that termination is in the child's best interests. A parent who proves good cause by a preponderance of the evidence shifts the case to the stricter grounds in 3-504(b). The court may order an evaluation under 4-110, and a child 14 or older must consent before the judge.
Relevant Laws
15A V.S.A. 4-103 (Consent to adoption)
A petition to adopt a minor stepchild may be granted only if consent has been executed by the minor's parents described in 2-401(a) and by a stepchild who has attained 14 years of age, unless consent is not required under 2-402. Section 2-402(a) excuses a parent whose relationship has been judicially terminated, or who fails to answer or appear within the requisite time after service, and 2-402(b)(2) lets the court dispense with the child's consent if requiring it is not in the child's best interest.
15A V.S.A. 3-504 (Grounds for terminating relationship of parent and child)
If the respondent does not answer or appear, or cannot be notified because their identity or whereabouts is unknown, the court may terminate. If the respondent appears and asserts parental rights, the court must find by clear and convincing evidence a ground, such as, for a child over six months old, not exercising parental responsibility for at least six months immediately preceding the filing of the petition, and that termination is in the child's best interests. Under 3-501(2) and 4-101(c), the petition can be joined with a stepparent adoption, and 3-403(a) requires personal service.
15A V.S.A. 4-110 (Evaluation of stepparent)
After a stepparent adoption petition is filed, the court may order an evaluation by a qualified person to help decide whether the adoption is in the child's best interests. If no evaluation is ordered, the preference of a child under 14 who is mature enough to express one is taken into consideration, and the court may charge a reasonable fee for its services.
Vermont Judiciary: Adoption (Probate Division)
The court's adoption page lists the stepparent forms: the Petition to Adopt Minor by Stepparent (700-00131B_C), the custodial parent's consent (700-00139), the non-custodial parent's consent (700-00139A), the Waiver of Counsel (700-00135) and the Consent of Minor in Adoption (700-00139D). It also explains the criminal record check and how to ask to terminate a parent's rights.
Regional Variances
Vermont stepparent adoption requirements
Court
Probate Division of the Superior Court (15A V.S.A. 3-101). Venue under 3-102(a): the district where a petitioner resides or has legal residence at filing, or where the child resides.
Petition form
Petition to Adopt Minor by Stepparent, form 700-00131B_C, signed by the stepparent and spouse before a notary public. Filing fee $150 (32 V.S.A. 1434(a)(13), per the court's fee page).
Other parent's consent
Required under 15A V.S.A. 4-103(1) and 2-401(a), on form 700-00139A, signed in the presence of the judge or someone approved by the court. Your spouse consents on form 700-00139 under 4-104.
Proceeding without consent
Termination under 15A V.S.A. 3-501, joinable with the adoption under 4-101(c), with personal service under 3-403(a). Default: if the parent does not answer or appear, or cannot be notified because identity or whereabouts is unknown, the court may terminate (3-504(d)). Contested: clear and convincing evidence of a 3-504(a) ground, such as not exercising parental responsibility for at least six months immediately preceding the filing (child over six months), plus best interests. A parent who proves good cause by a preponderance faces the stricter 3-504(b) grounds instead.
Home study
The court may order an evaluation of the stepparent under 15A V.S.A. 4-110(a); the court's information sheet says to file any request to waive it with the petition. A criminal record check with fingerprinting is required either way.
Residency or waiting period
Standing under 4-101(a): six months in your and your spouse's physical custody (sole custody) or 12 months residing primarily with you (joint legal custody) before filing. Six consecutive months in Vermont before filing under 3-101(a). 180 days in your physical custody before the decree under 3-703(a)(1), waivable for good cause shown. No minimum length of marriage is set.
Child's consent age
14 years of age under 15A V.S.A. 4-103, signed before the judge under 2-405(b) on form 700-00139D. The court may dispense with it under 2-402(b)(2) if requiring it is not in the child's best interest.
Suggested Compliance Checklist
Decide between consent and termination for the other parent
Before filing days after startingAsk whether the other parent will sign form 700-00139A before the judge or a court-approved person. If not, plan a 15A V.S.A. 3-501 petition to terminate, joined with the adoption and personally served. If that parent does not answer or appear, or cannot be notified because their identity or whereabouts is unknown, the court may terminate under 3-504(d). If they appear and assert parental rights, you need clear and convincing evidence of a 3-504 ground, such as not exercising parental responsibility for at least six months immediately preceding the filing, and best interests.
Prepare form 700-00131B_C and the attachments
At filing days after startingComplete the Petition to Adopt Minor by Stepparent, form 700-00131B_C, including the names and addresses of the grandparents on the side of the parent whose rights will end. Gather certified copies of the child's birth certificate, your birth certificate and your marriage certificate, and any custody, support or death records.
File the petition in the Probate Division
After standing is met days after startingYou and your spouse sign before a notary public, then file in the Probate Division for the district where you or the child live, with the $150 fee or an application to waive filing fees. Add any request to waive the evaluation, and the general motion to terminate if the other parent will not consent.
Complete the criminal record check
Soon after filing days after startingGet fingerprinted at a police station or sheriff's office and return the authorization and release forms with the fee. FBI processing takes about 8 to 10 weeks, and the check is required even if the court waives the evaluation.
Request the child's new name in the petition
At filing days after startingList the full name the child will use, as 15A V.S.A. 3-304(a)(13) requires, and the decree states that name and when it takes effect under 3-705(a)(5). A separate name change petition is needed only for a change outside the adoption.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Decide between consent and termination for the other parent | Ask whether the other parent will sign form 700-00139A before the judge or a court-approved person. If not, plan a 15A V.S.A. 3-501 petition to terminate, joined with the adoption and personally served. If that parent does not answer or appear, or cannot be notified because their identity or whereabouts is unknown, the court may terminate under 3-504(d). If they appear and assert parental rights, you need clear and convincing evidence of a 3-504 ground, such as not exercising parental responsibility for at least six months immediately preceding the filing, and best interests. | - | Before filing |
| Prepare form 700-00131B_C and the attachments | Complete the Petition to Adopt Minor by Stepparent, form 700-00131B_C, including the names and addresses of the grandparents on the side of the parent whose rights will end. Gather certified copies of the child's birth certificate, your birth certificate and your marriage certificate, and any custody, support or death records. | - | At filing |
| File the petition in the Probate Division | You and your spouse sign before a notary public, then file in the Probate Division for the district where you or the child live, with the $150 fee or an application to waive filing fees. Add any request to waive the evaluation, and the general motion to terminate if the other parent will not consent. | - | After standing is met |
| Complete the criminal record check | Get fingerprinted at a police station or sheriff's office and return the authorization and release forms with the fee. FBI processing takes about 8 to 10 weeks, and the check is required even if the court waives the evaluation. | - | Soon after filing |
| Request the child's new name in the petition | List the full name the child will use, as 15A V.S.A. 3-304(a)(13) requires, and the decree states that name and when it takes effect under 3-705(a)(5). A separate name change petition is needed only for a change outside the adoption. | name-change-petition | At filing |
Frequently Asked Questions
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