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.
The carrier must be at least 21, complete a medical evaluation including a mental-health consultation, and have independent counsel of her choice paid by the intended parents. She generally may not provide the egg, subject to the statutory family-member exception; the section does not impose a prior-birth requirement.
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.
The carrier must be at least 21, complete a medical evaluation including a mental-health consultation, and have independent counsel of her choice paid by the intended parents. She generally may not provide the egg, subject to the statutory family-member exception; the section does not impose a prior-birth requirement.
Complete medical, psychological, insurance, compensation or expense, and independent legal review 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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