Paternity – General – Vermont

Note:  This summary is not intended to be an all inclusive discussion of the law applicable to an action to establish Paternity in the State of Vermont, but does include basic and other provisions.

Statutes:

The Vermont Statutes Online
Title 15: Domestic Relations – Chapter 5: Desertion And Support
Title 15B: Unif.Intrst.Fam.Supt.Act – Chapter 7: Proceeding to determine parentage

Proceeding to determine parentage. Title 15B, Ch. 7, § 701 (1998)

(a) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this title or a law or procedure substantially similar to this title, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child.

(b) In a proceeding to determine parentage, a responding tribunal of this state shall apply the procedural and substantive law of this state, and the rules of this state on choice of law.

Policy. Title 15, Ch. 5, § 301 (1984)
It is the policy of this state that the legal rights, privileges, duties and obligations of parents be established for the benefit of all children, regardless of whether the child is born during marriage or out of wedlock.

Standing; limitation. Title 15, Ch. 5, § 302 (1997)

(a) An action to establish parentage in cases where parentage has not been previously determined either by an action under this subchapter or by adoption, may be brought by a child who has attained the age of majority; the personal representative of a minor child, a person alleged or alleging himself or herself to be the natural parent of a child or that person’s personal representative if he or she is a minor, incompetent, or has died; or the office of child support when an assignment of the right to support is in effect pursuant to section 3902 of Title 33 or when a parent has applied for IV-D services.

(b) An action to establish parentage may be brought at any time after birth, but shall not be brought later than three years after the child reaches the age of majority.

Jurisdiction. Title 15, Ch. 5, § 303 (1995)

(a) The family court has jurisdiction over actions brought under this subchapter to establish parentage. The action may be joined with an action for divorce, annulment or separate maintenance. The action shall be governed by the Vermont Rules of Civil Procedure. The burden of proof shall be by preponderance of the evidence.

(b) A complaint brought under this subchapter shall be accompanied by an affidavit by the person alleging parentage setting forth facts demonstrating that the person is the parent of the child. If the complaint is brought by the state, the complaint shall be accompanied by an affidavit of the parent whose rights have been assigned; in cases where the assignor is not a biological parent or is a biological parent who refuses to provide an affidavit, the affidavit may be submitted by the state; except, the affidavit alone shall not support a default judgment on the issue of parentage.

Submission to genetic testing; test results. Title 15, Ch. 5, § 304. (1997)

(a) On motion of a party, the court shall require the child, the defendant or defendants, and any acknowledged parent to submit to appropriate genetic testing for the determination of parentage. A party shall be exempt from genetic testing for good cause.

(b) The results of genetic testing are relevant to proceedings under this chapter in order to prove parentage or to disprove parentage.

(c) A party in possession of the results of genetic testing shall make such results available to any other party upon receipt of the results.

(d) Unless waived by the parties, any party intending to rely on the results of genetic testing must:

(1) make the test results available to the other parties at least 15 days prior to any hearing at which the results may be introduced into evidence;

(2) give notice of the intent to use the test results at the hearing; and

(3) give the other parties notice of this statutory section including the need to object in a timely fashion.

(e) Any motion objecting to genetic test results must be made in writing to the court and to the party intending to introduce the evidence not less than five days prior to any hearing at which the results may be introduced into evidence. If no timely objection is made, the written results shall be admissible as evidence without the need for foundation testimony or other proof of authenticity or accuracy.

(f) Upon or after the filing of a parentage action, the office of child support may issue a notice by certified mail, return receipt requested, to the child, alleged parent and any acknowledged parent to appear and submit to appropriate genetic testing for the determination of parentage if the notice is accompanied by a sworn statement:

(1) alleging parentage, and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties; or

(2) denying parentage, and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties.

(g) Written bills for pregnancy, childbirth and genetic testing costs shall be admissible as evidence without requiring third party foundation testimony, and shall constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child.

No judgment without hearing; appearance by defendant. Title 15, Ch. 5, § 305 (1993)
No judgment, other than dismissal for a want of prosecution, shall be entered in an action under this subchapter except after hearing unless the court accepts and approves a stipulation of the parties which shall become an order of the court. The hearing may be conducted if the defendant does not appear. A defendant who does not file an answer may enter an appearance in writing, and may thereupon be heard on issues of child custody, visitation and support.

Judgment or order. Title 15, Ch. 5, § 306 (1984)
In an action under this subchapter, the court may determine parentage and may include in its order provisions relating to the obligations of parentage, including future child support, visitation and custody.

Voluntary acknowledgment of parentage. Title 15, Ch. 5, § 307 (1997)

(a) In any case in which the parents of a child are not married, parents of the child may acknowledge parentage by filling out and signing a Voluntary Acknowledgment of Parentage form prescribed and made available by the department of health and by filing the form with the department of health. The Voluntary Acknowledgment of Parentage form shall be confidential and shall include the parents’ mailing addresses and Social Security numbers, instructions for filing the form with the department of health, information concerning the legal implications of completing the form, including the procedure for establishing parentage, parental rights and responsibilities and child support obligations.

(b) The department of health shall make Voluntary Acknowledgment of Parentage forms generally available to the public through hospitals, medical offices, schools and the courts. Upon adoption of the uniform national Voluntary Acknowledgment Form by the U.S. Department of Health and Human Services, it shall be adopted by the department of health. The form shall contain language emphasizing the gravity of the effects of acknowledging parentage and the rights and responsibilities which attach. The form shall also contain the following statement: “Parentage creates specific legal obligations. This signed form may be used in court in support of a parentage claim. You should seek legal advice before signing this form if you have any questions or if you are confused about your rights and responsibilities.”

(c) The department of health shall only make the completed Voluntary Acknowledgment of Parentage form available to the parties who signed it and the office of child support. The office of child support shall not have access to the form except for the purpose of initiating a parentage or support proceeding on behalf of a dependent child as defined in section 3901(4) of Title 33, in which case the department of health shall make available to the office of child support upon explicit request, the appropriate information.

(d) A witnessed Voluntary Acknowledgment of Parentage form signed by both biological parents under this section shall be a presumptive legal determination of parentage upon filing with the department of health provided no court has previously adjudicated parentage or no legal presumption of legitimacy otherwise applies.

(e) In an action brought under this chapter, documents on file with the court that contain the Social Security number of the parties shall be released only to the parties or the state if it is involved in the matter.

(f) A person who has signed a Voluntary Acknowledgment of Parentage form may rescind the acknowledgment within 60 days after signing the form or prior to a judicial determination of parentage, whichever occurs first. The rescission shall be in writing and shall be filed with the department of health. If a Voluntary Acknowledgment of Parentage form is not timely rescinded as provided for in this subsection, the determination of parentage may be challenged only pursuant to Rule 60 of the Vermont Rules of Civil Procedure. During the pendency of such a challenge, the legal responsibilities, including child support obligations, of any signatory arising from the acknowledgment may not be suspended during the challenge, except for good cause shown.

Presumption of parentage. Title 15, Ch. 5, § 308 (1993)
A person alleged to be a parent shall be rebuttably presumed to be the natural parent of a child if:

(1) the alleged parent fails to submit without good cause to genetic testing as ordered; or

(2) the alleged parents have voluntarily acknowledged parentage under the laws of this state or any other state, by filling out and signing a Voluntary Acknowledgement of Parentage form and filing the completed and witnessed form with the department of health; or

(3) the probability that the alleged parent is the biological parent exceeds 98 percent as established by a scientifically reliable genetic test; or

(4) the child is born while the husband and wife are legally married to each other.