Legal Aspects of Surrogacy - Vermont

Vermont is one of the states with a clear and supportive legal framework for gestational surrogacy, thanks to the Vermont Parentage Act of 2018. This legislation provides a structured pathway for intended parents to build their families through surrogacy, ensuring that all legal aspects are comprehensively addressed. While this overview offers a foundational understanding of surrogacy laws in Vermont, it is crucial for prospective parents and surrogates to consult with experienced attorneys to navigate the specifics of their surrogacy journey effectively.

Legal Status of Gestational Surrogacy in Vermont

Gestational surrogacy is explicitly recognized and regulated under Vermont law. The Vermont Parentage Act of 2018 outlines the steps and criteria that must be met for surrogacy agreements to be legally valid. This ensures that all parties understand their rights and responsibilities and that the surrogacy process adheres to ethical and legal standards.

Traditional Surrogacy in Vermont

Traditional surrogacy is legally permissible in Vermont but is less common due to its complexity. In traditional surrogacy, the surrogate uses her own egg, making her the biological mother. The process is regulated similarly to adoption, where the surrogate must relinquish her parental rights after birth. Traditional surrogacy in Vermont also involves strict guidelines on compensation, limited to covering necessary expenses, making gestational surrogacy a more straightforward and preferred option.

Compensated Surrogacy in Vermont

Vermont law allows for compensated gestational surrogacy. Intended parents can financially compensate surrogates for their time, medical expenses, living costs, and legal fees. These compensations are detailed in the surrogacy contract, ensuring clarity and fairness for all parties involved.

Drafting a Surrogacy Contract in Vermont

A legally binding surrogacy agreement in Vermont must meet specific requirements and be crafted with the assistance of independent legal counsel for both the surrogate and the intended parents. Key components of a Vermont surrogacy contract include:

• Rights and Responsibilities: Clearly defining the roles and obligations of each party.

• Risks and Liabilities: Outlining potential risks and measures to address them.

• Compensation: Detailing the financial aspects, including compensation for the surrogate and other expenses.

• Sensitive Issues: Addressing topics like selective reduction and pregnancy termination.

• Communication: Establishing expectations for communication throughout the surrogacy process.

Establishing Legal Parentage in Vermont

Vermont’s legal framework supports the issuance of pre-birth parentage orders, allowing intended parents to be recognized as the legal parents of the child from birth. This provision applies regardless of the intended parents' marital status, sexual orientation, or genetic connection to the child, simplifying the process of legal parentage.

Same-Sex Surrogacy in Vermont

Legal Status: Same-sex surrogacy is treated equally under Vermont law. Same-sex couples follow the same procedures as opposite-sex couples and may require donor gametes for IVF.

Additional Laws: Vermont does not impose additional legal requirements specifically for same-sex surrogacy, ensuring an inclusive and supportive environment for all intended parents.

FAQs About Surrogacy in Vermont

Enforceability of Surrogacy Contracts: Gestational surrogacy contracts are enforceable in Vermont if they meet the criteria set by the Vermont Parentage Act of 2018, including being in writing, signed by all parties, and executed before any medical procedures commence.

Laws for International Intended Parents: The same surrogacy laws apply to both domestic and international intended parents in Vermont. International intended parents should seek guidance from an immigration attorney to address legal requirements for bringing their child home.

Post-Birth Adoption Requirements: Generally, post-birth adoption is not required in Vermont due to the provision for pre-birth parentage orders. However, this might be necessary if the surrogacy occurs in another state that does not grant pre-birth orders.

Second-Parent and Stepparent Adoptions: Vermont permits second-parent adoptions for unmarried couples and stepparent adoptions for married couples. A home study is typically required for second-parent adoptions, whereas stepparent adoptions are more straightforward.

Use of Donor Gametes: The use of donor eggs, sperm, or embryos does not affect the intended parents' ability to obtain a pre-birth parentage order in Vermont. The law ensures that donors have no parental rights, thus safeguarding the intended parents’ legal status.

Conclusion

Vermont’s Parentage Act of 2018 establishes a robust legal framework for both gestational and traditional surrogacy, ensuring that surrogacy arrangements are conducted ethically and legally. While gestational surrogacy agreements are fully supported and regulated, traditional surrogacy is permitted but follows a more complex, adoption-like process, making it less common.

The law in Vermont ensures that intended parents and surrogates understand their rights and responsibilities, facilitating the smooth establishment of legal parentage. This inclusive approach extends to same-sex couples, who enjoy equal rights in the surrogacy process. Additionally, the state's supportive legal environment makes Vermont an attractive option for both domestic and international intended parents.

For anyone considering surrogacy in Vermont, working with experienced legal counsel is essential to ensure compliance with all legal requirements and to protect the interests of all parties involved. The Vermont Parentage Act of 2018 ensures that surrogacy is a viable and accessible option for family building, providing clear legal guidance and support.