§ 2-401. Persons whose consent to adoption is required

(a) Unless consent is not required or is dispensed with by section 2-402 of this title, in a direct placement of a minor for adoption by a parent or guardian authorized under this title to place the minor, a petition to adopt the minor may be granted only if consent to the adoption has been executed by:

(1) the woman who gave birth to the minor;

(2) the biological father identified by the mother or as otherwise known to the court;

(3) a man who is or has been married to the woman if the minor was born during the marriage or within 300 days after the marriage was terminated or a court issued a decree of separation;

(4) a man who:

(A) was not married to the minor's mother at the time of the child's birth;

(B) has acknowledged his paternity of the minor by executing a voluntary acknowledgment of paternity under 15 V.S.A. § 307 or has filed a notice to retain parental rights under section 1-110 of this title; and

(C) has demonstrated a commitment to the responsibilities of parenthood by establishing a custodial, personal, or financial relationship with the child, unless he was prevented from demonstrating such commitment or was unable to demonstrate such commitment; and

(5) the minor's guardian if expressly authorized by a court to consent to the minor's adoption; or

(6) the current adoptive or other legally recognized mother and father of the minor.

(b) Unless consent is not required under section 2-402 of this title, in a placement of a minor for adoption by an agency authorized under this title to place the minor, a petition to adopt the minor may be granted only if consent to the adoption has been executed by:

(1) the agency that placed the minor for adoption; and

(2) a person described in subsection (a) who has not relinquished the minor or had his or her parental rights terminated.

(c) Unless the court dispenses with the minor's consent, a petition to adopt a minor who has attained 14 years of age may be granted only if, in addition to any consent required by subsections (a) and (b) of this section, the minor has executed an informed consent to the adoption. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)