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Surrogacy Law in Vermont

It’s not totally clear that Vermont acknowledges surrogacy contracts, but it seems that agreements like these are permitted. Moreover, it’s likely that surrogacy contracts are open to LGBT couples and individuals in Vermont.


Explanation: There isn’t any case law that specifically deals with surrogacy, but there’s one case specifically that indicates an acceptance for it indirectly. There was a case in 1999 that was groundbreaking, and it built up to the creation of Vermont civil unions there. The state put forth an argument that suggested that limiting marriage to couples of different sexes would meet the critical goal of reducing complications in surrogacy contracts. This seems to suggest that there’s a general acceptance of such contracts. Moreover, in its finding the Court gave state-level benefits and responsibilities having to do with marriage to same-sex couples, and that includes surrogacy’s acceptance.

It is allowed in Vermont for couples of the same sex to adopt jointly, and it is allowed for individuals adopt the children of their partners of their same sex. Furthermore, from the same moment that same-sex couples could marry in Vermont, it would seem that surrogacy contracts would be given to these people if they were going to be enforced by the state.



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