Yes, surrogacy is legal in Vermont, with protections for gestational carriers and intended parents under the 2026 Vermont Gestational Carrier Act. The state permits both altruistic and compensated surrogacy agreements, provided they comply with statutory safeguards and undergo judicial pre-approval.
Key Regulations for Surrogacy in Vermont
- Pre-Birth Orders Mandatory: Intended parents must obtain a pre-birth parentage order from the Vermont Family Court before the child’s birth, ensuring legal parentage is established prior to delivery.
- Compensation Caps: Surrogacy contracts may include reasonable compensation for gestational carriers, but the Vermont Department of Health monitors payments to prevent exploitation, aligning with 2026 fee guidelines.
- Medical and Legal Safeguards: All parties must undergo independent legal representation and psychological evaluations, with contracts reviewed by the Vermont Bar Association’s Surrogacy Oversight Committee for compliance.
The 2026 Act also requires gestational carriers to be at least 21 years old, with prior successful pregnancies, and prohibits discrimination based on marital status or sexual orientation in surrogacy arrangements. Violations of these provisions may result in contract nullification or civil penalties enforced by the Vermont Attorney General’s Office.