Vermont § 3-401 - Service of notice
Full text of Vermont Vermont Statutes Online § 3-401 — Service of notice, with citation guidance and answers to common questions.
§ 3-401. Service of notice
- (a) Unless notice has been waived, notice of a proceeding for adoption of a minor shall
be served, within 30 days after a petition for adoption is filed, upon: (1) a person whose consent to the adoption is required under section 2-401 of this title, but notice need not be served upon a person whose parental relationship to the minor
or whose status as a guardian has been terminated; (2) an agency whose consent to the adoption is required under section 2-401; (3) a person whom the petitioner knows is claiming to be or who is named as the father
or possible father of the minor adoptee and whose paternity of the minor has not been
judicially determined, but notice need not be served upon a man who has executed a
verified statement, as described in subdivision 2-402(a)(3) of this title, denying paternity or disclaiming any interest in the minor; (4) a person other than the petitioner who has legal or physical custody of the minor
adoptee or who has a right of communication or visitation with the minor under an
existing court order issued by a court in this or another state; (5) the spouse of the petitioner if the spouse has not joined in the petition; and (6) a grandparent of a minor adoptee if the grandparent’s child is a deceased parent of
the minor and, before death, the deceased parent had not executed a consent or relinquishment
or the deceased parent’s parental relationship to the minor had not been terminated. (b) The court shall require notice of a proceeding for adoption of a minor to be served
upon any person the court finds, at any time during the proceeding, is: (1) a person described in subsection (a) of this section who has not been given notice; (2) a person who has revoked a consent or relinquishment pursuant to subsection 2-408(a) or 2-409(a) of this title or is attempting to have a consent or relinquishment set aside pursuant to subsection 2-408(b) or 2-409(b) of this title; or (3) a person who, on the basis of a previous relationship with the minor adoptee, a parent,
an alleged parent, or the petitioner, can provide information that is relevant to
the proposed adoption and that the court in its discretion wants to hear. (c) If, at any time in the proceeding, it appears to the court that there is an alleged
father of the adoptee who has not been given notice, the court shall require notice
of the proceeding to be given to him. (d) The court shall send a duplicate copy of the petition to the Department. The Department
shall determine whether or not the petitioners have been the subject of a substantiated
complaint filed with the Department, and shall report its findings to the court within
14 days of receiving the petition. If a substantiated complaint has been filed with
the Department, the Department shall include a copy of the investigative report that
relates to the complaint with the findings it files with the court. (Added 1995, No. 161 (Adj. Sess.), § 1.)
Source: official Vermont text · Last verified 2026-08-27
Frequently Asked Questions About Vermont § 3-401
What does Vermont Statutes Online § 3-401 cover?
Section 3-401 ("Service of notice") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Vermont § 3-401?
A common citation format is "Vermont Statutes Online § 3-401" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Vermont law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.
How does Vermont § 3-401 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.