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Vt. Stat. Ann. tit. 15C, § 707

Parental status of deceased person

Redline — July 1, 2021 → current.View current text →
Current — June 1, 2022
As of July 1, 2021
(1) If a person who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer of a gamete or embryo and the birth of the child, the person's death does not preclude the establishment of the person's parentage of the child if the person otherwise would be a parent of the child under this chapter.
(1) If a person who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer of a gamete or embryo and the birth of the child, the person’s death does not preclude the establishment of the person’s parentage of the child if the person otherwise would be a parent of the child under this chapter.
(2) If a person who consented in a record to assisted reproduction by the person giving birth to the child dies before transfer or implantation of gametes or embryos, the deceased person is not a parent of a child conceived by assisted reproduction unless: (b) (1) If a person who consented in a record to assisted reproduction by the person giving birth to the child dies before transfer or implantation of gametes or embryos, the deceased person is not a parent of a child conceived by assisted reproduction unless: the deceased person consented in a record that if assisted reproduction were to occur after the death of the deceased person, the deceased person would be a parent of the child; or
(2) If a person who consented in a record to assisted reproduction by the person giving birth to the child dies before transfer or implantation of gametes or embryos, the deceased person is not a parent of a child conceived by assisted reproduction unless: (b) (1) If a person who consented in a record to assisted reproduction by the person giving birth to the child dies before transfer or implantation of gametes or embryos, the deceased person is not a parent of a child conceived by assisted reproduction unless: the deceased person consented in a record that if assisted reproduction were to occur after the death of the deceased person, the deceased person would be a parent of the child; or
(3) the deceased person's intent to be a parent of a child conceived by assisted reproduction after the person's death is established by a preponderance of the evidence.
(3) the deceased person’s intent to be a parent of a child conceived by assisted reproduction after the person’s death is established by a preponderance of the evidence.
(4) A person is a parent of a child conceived by assisted reproduction under subdivision (1) of this subsection only if: the embryo is in utero not later than 36 months after the person's death; or
(4) A person is a parent of a child conceived by assisted reproduction under subdivision (1) of this subsection only if: the embryo is in utero not later than 36 months after the person’s death; or
(5) the child is born not later than 45 months after the person’s death. Added 2017, No. 162 (Adj. Sess.), § 1.
(5) the child is born not later than 45 months after the person’s death.

Official source: Vermont General Assembly. Reproduced from public-domain Vermont statutes; confirm against the official source for the current text. Not legal advice.