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State-by-State Surrogacy Laws: Surrogacy in Vermont

Vermont is at the top of the list of surrogacy-friendly states thanks to local regulations. The Vermont Parentage Act became law in 2018 and defined gestational surrogacy agreements, surrogate eligibility, and provided legislative support for pre-birth orders establishing parentage. The Vermont Parentage Act requires that the gestational carrier alone make her own healthcare decisions while undergoing surrogacy, specifies Intended Parent(s) as the sole party financially responsible for the resulting child(ren), and allows compensation to be determined on a reasonable, good-faith basis. The Vermont Parentage Act also allows surrogates to terminate a surrogacy agreement at any time prior to embryo transfer while mandating that she be represented by her own legal counsel.

Traditional surrogacy is permitted (because no statutes prohibit it), though because of the direct genetic tie between carrier and child(ren), parentage is established via an adoption process. Pre-birth orders are not available for traditional surrogacy.

The below is an overview discussing some considerations when starting a surrogacy journey in the Green Mountain State. Use the information presented as your starting place to learn about surrogacy and local considerations in the state. Nothing in this blog or listed below can take the place of guidance from a qualified Assisted Reproduction attorney. It is always recommended that you start with conversations with a qualified professional before jumping into a surrogacy journey. If you need help finding an attorney, please see Surrogacy Place’s attorney directory which lists professionals that have direct experience handling surrogacy cases. Whether you are a woman considering becoming a surrogate for the first time or an Intended Parent wondering if surrogacy is a path for you to start or grow your family, the surrogacy process can be both thrilling and scary. A qualified attorney will make sure you understand your possibilities and obligations when embarking on a surrogacy journey.

Is commercial surrogacy for gestational carriers legal in Vermont?

Yes. Vermont specifically allows compensated gestational surrogacy. As a result, Vermont is an excellent place to undergo a surrogacy journey.

Can you find either a surrogate or Intended Parents without using a surrogacy agency in Vermont? Can a journey be successful without one?

Definitely. You never need to use a surrogacy agency and there are many compelling reasons why an independent journey in Vermont might be preferred. Surrogacy Place is a platform that allows for all parties to self-match based on key parameters. Read more on why you should consider an independent surrogacy journey below.

Who can become a parent via surrogacy in the state of Vermont?

The Vermont Parentage Act broadly allow Intended Parent(s) to apply for pre-birth parentage regardless of marital status, genetic relationship to the child(ren), and gender/sexual identity (including LGBTQ+ parents). Post-birth adoptions are very rarely needed. In Vermont, surrogacy is for everyone.

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Becoming a Surrogate in the state of Vermont

If you want to become a surrogate – incredible. There are rigid health and lifestyle requirements you must meet. Even women that have had “easy” pregnancies in the past may not currently meet the medical standards for the highest probability of a safe pregnancy. Our surrogacy qualifications quiz has some of standards surrogates are typically expected to meet.

Here’s some of the medical and lifestyle requirements you should be aware of when deciding to become a surrogate in Vermont:

  • While age requirements can vary by clinic, most surrogates are between the ages of 21-42.
  • You possess a willingness to follow exact medical protocols including taking any hormones/medications as prescribed.
  • Your finances are in great shape; you are self-sufficient and not applying for or accepting any government assistance.
  • You have never experienced significant pregnancy complications (e.g. premature labor/delivery, postpartum depression, gestational diabetes).
  • You have had no more than 3 c-sections.
  • You have a stable home with a clean, safe environment.
  • You possess a healthy BMI (<30) and do not have any significant health issues, especially ones where pregnancy is a known contradiction.
  • You are not a drug or tobacco user.
  • Are in a good place mentally and understand the reasons for wanting to pursue surrogacy. Surrogates must pass a mental health evaluation prior to embryo transfer.

If you meet all the qualifications, you may be qualified. You can start matching with Intended Parents. SurrogacyPlace.com offers our registered users the opportunity to match on a variety of parameters including type of carrier (e.g. gestational or traditional), location, vaccine requirements, attitudes concerning termination, and more.

Following the interviewing and matching process, surrogates will go through official medical screenings with the Intended Parent(s)’ Reproductive Endocrinologist. If a surrogate passes all medical evaluations, gestational carrier agreements are finalized and signed. Once an agreement has been fully executed, an embryo will be transferred. With good luck and sticky vibes, a pregnancy will result!

Visit our surrogate-steps-to-take guide for an overview on the process.

Finding your surrogate in Vermont

SurrogacyPlace.com has a robust searchable database that facilitates connections between surrogates and Intended Parents. Search based on individual preferences and your unique requirements. Surrogacy Place’s self-matching service was created especially for independent journeys and is always free for surrogates. Intended Parents pay a small subscription fee. Create your profile as a surrogate or Intended Parent to get started.

Let’s talk about the advantages of doing an independent surrogacy journey in Vermont

Intended Parents will experience significant cost savings when going independent. This can allow more of the available surrogacy budget to be given directly to the surrogate who deserves her full, required compensation. Many agencies play up a “greedy surrogate”/”golden uterus” shame tactic to encourage surrogates to accept lower fees while taking $20,000, $30,000, $40,000 or even $100,000 for themselves.

Beyond the financial considerations, self-matching allows each side to find each other on specific criteria such as location, preferences on involvement, and even the personal reasons for pursuing surrogacy.

Intended Parents who do indy journeys often experience shorter wait times. Going with an agency does not mean a more successful journey. Those that want to do surrogacy ethically and responsibly should lean on a trusted attorney whether they are self-managing (with the help of an attorney) or whether they are going through an agency.

Many surrogates in Vermont and across the country prefer to match independently. Here’s some of the key reasons why.  

For a detailed breakdown of typical surrogacy costs you can expect to pay as an Intended Parent, please refer to our “How Much Does Surrogacy Generally Cost” guide.

Want comparisons outside of Vermont? Visit our surrogacy-in-all-50-states hub.

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Bridget Myers

Bridget Myers grew up in small town in Maryland. She started her career as a substitute teacher before meeting the love of her life and moving to the suburbs of Chicago. She has a passion for dogs and painting. Bridget got involved in Surrogacy Place after researching surrogacy for her best friend. Since joining the team at Surrogacy Place, she has developed a passion for advocating on behalf of Intended Parents and surrogates and doing her part for meaningful reform in the industry.