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Can my new spouse/partner adopt my child if I cannot either locate or gain the consent of their other biological parent? |
It is possible for the non-custodial parent’s parental rights to be terminated by the Court if consent cannot be gained. You would have to file a petition with the Court for the termination of parental rights and then a hearing on the issue would take place. While it is within the power of the Court to terminate a person’s parental rights without their consent, the criteria are stringent. 15A VSA §3-504. Before you petition the Court for termination of the other biological parent’s parental rights, it is best to make the fullest possible effort to gain their consent. An attorney can be an invaluable help to you in this situation.
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How long does the adoption process take? |
Every case is different so there is no single answer. Under Vermont law, the child must reside with you for six months before the adoption can be finalized. So if you are diligent in the filing of the petition to adopt and all other required paperwork and duties, it is foreseeable that it could be only six months between placement and adoption in non-relative adoptions. In the case of stepparent/partner adoptions or near-relative adoptions where the child has already been in the home, the process may be faster. The time frame will depend on timely filing of required paperwork.
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I am a foster parent and want to adopt my foster child – how does this affect the adoption process and timeline? |
Since the minor has already resided with you for a period of time the finalization of the adoption may take place more quickly than an adoption where the child has just been placed in the home and must reside there for 6 months before finalization. If you are a foster parent and you want to know more about adoption, contact the agency which licensed you as the foster parent or which placed the child with you.
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I plan to adopt a child from a foreign country – does this change how I go about the adoption process? |
This does not impact the part of the adoption process that takes place in the Probate Court. There may be significant changes in the earlier stages of the adoption on which the child placement agency or attorney that you are working with can advise you.
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If I have a criminal record will I be unable to adopt? |
Maybe. It depends on what the crimes where and when they occurred. The Court uses its discretion to make this decision based on what it believes is in the best interest of the child. Therefore, the Court may allow an individual who had a petty criminal infraction several years previously to adopt but not allow an individual who has a violent criminal record to adopt.
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