Committee hears testimony backing bill to add confirmatory adoptions for families formed by assisted reproduction

Polly Crozier, director of family advocacy at GLBTQ Legal Advocates and Defenders, and Meg York, director of LGBTQ+ Family Law and Policy at Family Equality, told the Senate Judiciary Committee on April 1 that H.98 would create a narrow “confirmatory adoption” route for families already recognized as parents under Vermont law.

The witnesses said the change would let parents who are already legally parents under the Vermont Parentage Act obtain an adoption decree more quickly and with fewer procedural burdens, offering families additional protection if they travel or move to states that treat parentage differently.

Crozier and York said the bill is limited in scope and is intended only for people who already hold legal parentage in Vermont and who want an adoption decree for added security. “This bill is simple but incredibly important,” Crozier said, describing the change as “a continuation of Vermont’s work to increase stability and security for children.” York said the addition would give families “an option to secure what they know to be true, what our state recognizes to be true,” and noted adoption has long been a familiar, portable tool for protecting parent–child relationships.

Proponents described three practical benefits: (1) portability and recognition in other jurisdictions, citing the U.S. Supreme Court decision in V.L. v. E.L. as precedent for treating adoption decrees as entitled to full faith and credit; (2) reduced time and expense for families compared with the existing step‑parent/partner adoption pathway, which witnesses said was not designed for assisted‑reproduction families; and (3) judicial economy, because probate judges could approve a streamlined petition without the full home‑study and notice steps that traditional adoptions require, while retaining discretion in contested cases.

Committee members asked about specific process details. Senator Folks asked whether the bill would affect costs. York said the bill would eliminate some costs now associated with the longer adoption route—fingerprinting, background checks and other procedural steps—and noted Vermont’s existing filing‑fee waiver could make the streamlined process low or no cost for qualifying families. Committee members also questioned the requirement for a missing‑children registry check; Crozier described her own experience that the check delayed an adoption in another state and said the register can be waived in appropriate confirmatory cases while judges retain discretion to require additional inquiry in particular cases.

Witnesses cited a practical rationale: advocates said some states have stripped parentage from non‑genetic parents in litigation following interstate moves or separation, and a confirmatory adoption decree reduces that litigation risk. They noted nine states had adopted a similar statutory confirmatory‑adoption provision and that New Mexico had recently enacted such legislation.

The testimony closed with proponents saying the bill is narrow and intended for families already recognized under Vermont law; they emphasized that the courts would retain discretion to require additional evidence where appropriate.

The committee did not take a formal vote during the hearing; testimony and questioning were the recorded actions.

H.98 (confirmatory adoption): testimony and committee questions are on the record; no formal vote recorded.

Polly Crozier, director of family advocacy, GLBTQ Legal Advocates and Defenders; Meg York, director of LGBTQ+ Family Law and Policy, Family Equality.

The committee may request additional drafting or process detail in future sessions.