Vermont's Parentage Act provides an inclusive, detailed gestational-surrogacy framework. One or more intended parents may participate regardless of marriage or genetic connection, compensation is permitted, and a compliant agreement establishes intended-parent status at birth.
State law provides a comparatively clear path for gestational-surrogacy agreements and parentage when its requirements are followed.
A gestational agreement that meets 15C V.S.A. §§ 801–804 is enforceable and may provide for consideration and reasonable expenses negotiated in good faith. It must be written, executed before assisted-reproduction procedures or transfer, include required spouses, and have a term of no more than one year.
One or more intended parents may participate, married or unmarried and genetically related or not. Each must be at least 21, complete required psychosocial education or counseling, and have independent counsel; at least one party to the agreement must be a Vermont resident.
With a compliant agreement, the intended parent or parents are parents immediately at birth and the carrier and her spouse are not. The Probate Division may issue a parentage order before or after birth.
At least one party to the agreement must reside in Vermont.
All intended parents need independent counsel and psychosocial preparation; the carrier needs medical and mental-health evaluation and separate counsel.
Sign the complete agreement, including required spouse participation and counsel declarations, before assisted-reproduction procedures or transfer.
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
Retain separate Vermont reproductive-law counsel before signing to confirm residence, screening, agreement formalities, compensation, insurance, and the Probate Division filing plan.
One or more intended parents may participate, married or unmarried and genetically related or not. Each must be at least 21, complete required psychosocial education or counseling, and have independent counsel; at least one party to the agreement must be a Vermont resident.
Coordinate the clinic, surrogate screening, insurance review, independent attorneys, and all required signatures before medication or embryo transfer. A gestational agreement that meets 15C V.S.A. §§ 801–804 is enforceable and may provide for consideration and reasonable expenses negotiated in good faith. It must be written, executed before assisted-reproduction procedures or transfer, include required spouses, and have a term of no more than one year.
With a compliant agreement, the intended parent or parents are parents immediately at birth and the carrier and her spouse are not. The Probate Division may issue a parentage order before or after birth.
Review the linked statutes, court materials, public guidance, and clearly identified practice sources as a starting point for current legal review.
Laws, court practices, and local filing procedures can change. This page provides general educational information, not legal advice. Consult independent assisted-reproduction counsel licensed in the relevant state before relying on it.
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