Vermont

Understanding Surrogacy Laws in Vermont
Legal Parentage
Any and all intended parent(s) regardless of marital status, sexual preference, genetic connection, or medical need can be declared the legal parent(s) of the child via a pre-birth order. Parentage order are also available post-birth if needed.

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey.

Pre-Birth Orders
The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Vermont Office of Vital Records to name the intended parents on the child’s birth certificate.

Common Questions About Vermont Surrogacy Law
Do You Need a Medical Need for Surrogacy in Vermont?
Vermont does not require a medical need for surrogacy.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?
Vermont permits married couples, partners, and single individuals to pursue surrogacy, regardless of marital status.

Do Intended Parent(s) need a genetic connection to the embryo?
In Vermont, intended parents do not need a genetic connection to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in Vermont?
International parents can pursue surrogacy in Vermont. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?
Yes, Vermont allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?
Yes, altruistic surrogacy is permitted in Vermont. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Vermont?
Generally no. Intended parents do not need to be Vermont residents to carry out a surrogacy journey in Vermont. Similarly, gestational carriers are not required to reside in Vermont, but they must be permanent residents or citizens of the United States.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?
Vermont does not have any written laws pertaining to the rights of surrogates.