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In a landmark move for LGBTQ+ families, Vermont has enacted a new law designed to simplify and streamline the confirmatory adoption process for non-gestational parents. Signed by Governor Phil Scott on May 22, 2025, this law makes it easier for LGBTQ+ individuals who are not the gestational parent to confirm their legal parentage, without facing unnecessary and often invasive legal hurdles.

This legislation will allow parents who have used assisted reproduction to obtain an adoption decree through a simplified process. This is a critical step in protecting LGBTQ+ families, particularly when traveling or moving to states that may not automatically recognize parentage based on birth certificates or marriage alone.

Confirmatory adoption is a legal safeguard that offers nationwide recognition of parent-child relationships, regardless of how families are formed. While Vermont law already recognizes non-gestational parents in cases involving assisted reproduction, that recognition may not extend across state lines. An adoption decree, however, must be honored in all U.S. jurisdictions under the Constitution’s Full Faith and Credit Clause.

Traditionally, adoption for non-gestational parents has mirrored the process for unrelated adoptive parents which includes requiring background checks, home studies, and sometimes even in-person court appearances. These requirements can feel invasive, especially for parents who have planned for and welcomed a child through assisted reproduction from the very beginning. 

Under Vermont’s new law, which goes into effect on July 1, 2025, the process becomes significantly easier. 

Parents need only submit:

• A signed petition for adoption,

• Their marriage certificate (if applicable),

• A declaration outlining the assisted reproduction process and confirming consent from both parents,

• The child’s birth certificate.

No home study, background check, donor notification, or minimum residency requirement is needed. In-person court appearances are also waived unless the court deems a remote hearing necessary for specific reasons. These provisions remove both financial and emotional burdens from families seeking to secure legal protections.

This makes Vermont the 10th state to implement such a confirmatory adoption pathway, joining a growing movement to ensure LGBTQ+ families are afforded the same dignity and legal security as any other. Confirmatory adoption laws like Vermont’s help ensure that children born through assisted reproduction are legally connected to both parents in a clear and enforceable way.

If you are a parent or prospective parent using assisted reproduction, we encourage you to explore whether confirmatory adoption might offer an added layer of legal security, no matter where you live. Our team is here to support you on every step of your family-building journey, so please contact us today!