Surrogacy in Vermont: The Complete 2026 Guide

Vermont is a small state with a modern parentage statute, and the combination makes for a legible journey: the questions that matter are answered in the text.

A statute that names surrogacy and permits payment. 15C V.S.A. § 802(d) lets an agreement include "payment of consideration and reasonable expenses" to the carrier, negotiated in good faith. Compensation here is written down, not merely tolerated.

Parentage at birth, without a genetic test. Where the agreement satisfies the chapter, the intended parents "are the parent or parents of the resulting child immediately upon the birth" (§ 803), and the chapter reaches intended parents "whether genetically related to the child or not." Single and unmarried intended parents are inside it by definition.

Orders before or after the birth, and a statutory nudge to move. A party may petition the Probate Division of the Superior Court before or after delivery, and "an uncontested petition for a judgment of parentage … shall be resolved by the court promptly" (§ 804).

The residency condition, and why it is friendlier than it looks. § 802(b)(3) requires that "at least one of the parties" be a Vermont resident — and the parties include the gestational carrier. Where a state like Rhode Island requires an intended parent to hold residency, in Vermont a resident carrier appears able to satisfy that condition on her own under § 802(b)(3). Whether Vermont works overall for a given match is a separate question for counsel.

Where things happen. Plan the clinic and the delivery hospital with your attorney at the contract stage rather than after matching, and say early if a party lives near a state line.

Vermont puts gestational surrogacy in statute. The Vermont Parentage Act (2017) carries a dedicated chapter 8 — Parentage by Gestational Carrier Agreement (15C V.S.A. §§ 801–809), amended by Act 175 of 2024, effective 1 July 2024. It sets out who may take part, what the agreement must contain, when the intended parents become parents, and what a court order does.

Who the statute lets take part

• Both sides must be 21 or older. The carrier completes "a medical evaluation that includes a mental health consultation"; the intended parents complete "psychosocial education and counseling related to the gestational carrier agreement" (§ 801). Note that these are different obligations, not the same one applied twice.
• Independent counsel on both sides, and the carrier's is paid by the intended parents — § 801(a)(3) requires representation "of the person's own choosing and paid for by the intended parent or parents."
• An intended parent need not be genetically related. § 801(b) reaches intended parents "whether genetically related to the child or not," and § 102(14) defines an intended parent as "a person, whether married or unmarried."
• "Spouse" is defined broadly. § 102(24) includes "a partner in a civil union or a partner in a legal relationship that provides substantially the same rights, benefits, and responsibilities as marriage and is recognized as valid in the state or jurisdiction in which it was entered" — which reaches relationships formed elsewhere. This matters because a married party's spouse must join the agreement.

What makes the agreement enforceable

§ 802(b) says an agreement "is enforceable only if" it meets a list, and § 802(f) adds that one which "substantially complies" with §§ 801 and 802 is enforceable. The conditions that shape a journey:

• In writing, signed by all parties, witnessed by at least one other person, and if any party is married, that spouse is a party to the agreement.
• Executed before any medical procedure other than the § 801 evaluations and, "in every instance, before transfer of embryos."
• A term no longer than one year to achieve pregnancy.
• At least one of the parties must be a Vermont resident — see below.
• Independent counsel on both sides, each signing a written declaration attached to the agreement. Those declarations "shall be solely relied upon by health care providers and staff at the time of birth and by the Department of Health for birth registration and certification purposes" (§ 802(b)(7)).
• Medical records on request. § 802(c) lets a party or the court require the § 801 evaluation records to be produced — Vermont-specific, and worth knowing before you sign.

Compensation, and the carrier's own decisions

Compensation is permitted by statute. § 802(d): an agreement "may include provisions for payment of consideration and reasonable expenses to a prospective gestational carrier, provided they are negotiated in good faith between the parties." Chapter 8 itself sets no cap, no schedule and no requirement that a court approve the amount. Chapter 8 imposes no agency licensing or escrow requirement of its own.

Her medical decisions. § 802(e) requires the agreement to "permit the gestational carrier to make all health and welfare decisions regarding the gestational carrier's health and pregnancy," and provides that it "shall not enlarge or diminish" her right to terminate a pregnancy — the statute takes no position on that question. She also keeps "the right to use the services of a health care provider or providers of the gestational carrier's choosing" during the pregnancy (§ 802(b)(12)).

The intended parents must be the exclusive parent or parents and accept parental rights and responsibilities for all resulting children immediately upon birth "regardless of the number, gender, or mental or physical condition," and assume responsibility for their financial support from birth (§ 802(b)(13)). Chapter 8 does not require the agreement to address the disposition of unused embryos — that is contract planning, not a statutory term.

When parentage happens, and what the order does

At birth. Under § 803, where the agreement satisfies the chapter, the intended parents "are the parent or parents of the resulting child immediately upon the birth of the child," parental rights "vest exclusively" in them at that moment, and neither the carrier nor her spouse is a parent.

The order, and which courtroom. § 804 lets a party commence a proceeding "before or after the birth" in the Probate Division of the Superior Court for an order declaring parentage, declaring that the carrier and her spouse are not parents, designating the contents of the birth certificate and directing the Department of Health, and sealing the record from the public to protect the privacy of the child and the parties. Those are things the order may do, not automatic results. Neither the State nor the Department is a necessary party; the court forwards a certified copy to the Department and to the intended parents; and under § 804(d) the intended parents and the child keep access to their court records at any time. § 804(e): "An uncontested petition for a judgment of parentage pursuant to this section shall be resolved by the court promptly."

Note the split: the Probate Division handles a complying agreement, while the Family Division takes the two situations that fall outside it — a genetically related carrier who is not a known family member (§ 803(a)(3)) and a non-complying agreement (§ 808(b)). Subject to the jurisdictional standards of 15 V.S.A. § 1071, the court keeps exclusive, continuing jurisdiction over matters arising out of the agreement until the child is 180 days old (§ 805).

If something goes wrong

• Any party may terminate before transfer. § 806 allows withdrawal of consent and termination "at any time prior to any embryo transfer or implantation," on written notice to all other parties. The carrier keeps all payments received, and the intended parents "remain responsible for all expenses that are reimbursable under the agreement" incurred through the date of termination.
• A non-complying agreement does not hand the child to the carrier. It is unenforceable, but the Family Division then determines the parties' rights and obligations "including evidence of the intent of the parties at the time of execution" (§ 808(a)–(b)).
• A court will not order her to be impregnated or to end a pregnancy. Specific performance is expressly unavailable for those terms; it is available against a term preventing the intended parents from exercising parentage at birth (§ 808(e)).
• Marrying or divorcing after signing does not affect validity — unless the agreement says otherwise. § 807 opens "Unless a gestational carrier agreement expressly provides otherwise," and then provides that a later marriage, divorce, dissolution, annulment or separation does not affect validity; a spouse acquired afterwards is not a presumed parent.
• Uninsured medical costs are the intended parents'. § 809 makes them liable for the carrier's "expenses of all health care provided for assisted reproduction, prenatal care, labor, and delivery" that insurance does not pay, and a breach does not relieve them of it.

The residency condition — and why Vermont's is different

§ 802(b)(3): "At least one of the parties shall be a resident of this State."

Two things follow, and both matter if you are comparing states. The parties to a Vermont agreement are the carrier, her spouse and the intended parents (§ 802(a)) — so under § 802(b)(3) a Vermont-resident gestational carrier appears able to satisfy this particular condition on her own. And it is Vermont residency, not U.S. residency. Rhode Island's equivalent runs the other way: it requires an intended parent to be a United States resident, which a carrier cannot cure.

Read carefully, though. The statute does not define "resident of this State," and the 14 August 2026 CourtListener search below found no Vermont decision construing chapter 8 at all. What is clear is the negative case: an agreement where no party resides in Vermont does not meet § 802(b)(3). Whether your situation satisfies it is a question for Vermont counsel, before matching rather than after — and nothing here addresses what other connection to Vermont a court might require.

What Vermont law leaves open

• No published decision construing chapter 8 was located. A CourtListener search of Vermont appellate opinions on 14 August 2026 returned one Vermont case using the phrase gestational carrier — decided in 2017, before the chapter existed — against 170 nationwide and 98 Vermont parentage results. The chapter is recent, § 804 lets the court seal the record from the public, and Probate Division decisions are largely unpublished, so a quiet appellate docket is partly structural. "Substantially complies" under §§ 802(f) and 808(a) has no reported gloss.
• "Family member" is undefined. A carrier may not use her own gametes unless the agreement is with a family member (§ 801(a)(4)), and § 102(12) confirms that such a person is a gestational carrier under the Act — but neither section says who counts as family. Ivy's programs are gestational.
• Act 175 carries no transition provision. Its final section reads, in full, "This act shall take effect on July 1, 2024." The Act says nothing about agreements signed before that date; ask counsel rather than assuming.

General information, not legal advice. Vermont gestational carrier agreements and parentage orders should be handled by a licensed Vermont attorney experienced in assisted reproduction.

Vermont's chapter 8 is broad about who may be an intended parent and specific about what you do before signing.

Does the statute describe your family? An intended parent is "a person, whether married or unmarried," who intends to be legally bound as a parent (§ 102(14)), and chapter 8 reaches intended parents "whether genetically related to the child or not" (§ 801(b)). Single parents, unmarried couples, same-sex couples and families using donor eggs, donor sperm or a donated embryo are all inside the text. "Spouse" includes a civil-union partner and any equivalent relationship "recognized as valid in the state or jurisdiction in which it was entered."

Your own pre-signing steps. Each intended parent must be 21 or older, complete psychosocial education and counseling about the gestational carrier agreement, and retain independent legal counsel (§ 801(b)). Note the wording — the intended-parent requirement is education and counseling, which is not the same as the carrier's medical evaluation. Build it into the schedule.

If you are married, your spouse signs (§ 802(b)(6)), and your counsel signs a declaration attached to the agreement confirming it meets the statute.

You must accept every resulting child. The agreement must provide that you are the exclusive parent or parents, that you accept parental rights and responsibilities for all resulting children immediately upon birth "regardless of the number, gender, or mental or physical condition," and that you assume their financial support from birth (§ 802(b)(13)).

You carry her uninsured medical costs. § 809 makes you liable for her assisted-reproduction, prenatal, labor and delivery costs that insurance does not pay, and a breach of the agreement does not relieve you of that.

Residency. At least one party — which can be the carrier — must be a Vermont resident (§ 802(b)(3)). The statute does not define the term and a CourtListener search of Vermont appellate opinions on 14 August 2026 found no decision construing chapter 8, so confirm your position with Vermont counsel before matching.

Vermont does not set surrogacy prices. The statute permits "payment of consideration and reasonable expenses … negotiated in good faith" (§ 802(d)) and stops there. Budget as you would anywhere in New England.

Typical all-in ranges. Surrogacy only, about $140,000–$150,000; surrogacy with IVF, about $180,000–$190,000; surrogacy with IVF and egg donation, about $210,000–$220,000+. Line items and a sample payment schedule are in our surrogacy cost guide and egg donation cost overview.

What that covers. Agency fee, surrogate compensation, legal and escrow services, and health insurance — matching and contracts through pregnancy, delivery and postpartum care. The Probate Division parentage petition sits inside the legal line.

Two Vermont specifics worth budgeting. Independent counsel for each side is a condition of enforceability, and § 801(a)(3) puts the carrier's legal fees on the intended parents, including the declarations both attorneys attach to the agreement. And her uninsured medical costs are yours by statute: § 809 makes intended parents liable for "assisted reproduction, prenatal care, labor, and delivery" that insurance does not pay, and a breach does not remove that liability.

Vital records. The Vermont Department of Health charges $10 per certified copy, plus a $2 processing fee if ordered online. Non-certified copies are free.

On insurance, ask before you assume. Whether a policy covers a surrogate pregnancy is a different question from whether it covers fertility treatment. Have your attorney read the actual plan documents at the contract stage. Figures are current as of August 2026.

A Vermont journey follows the standard gestational surrogacy path. What the statute changes is the order of a few steps, and which courtroom the order comes from.

Screening, on both sides. Records review, the IVF clinic's medical screening, and a psychological evaluation. In Vermont the carrier's medical evaluation includes a mental health consultation, and the intended parents complete psychosocial education and counseling about the agreement (§ 801) — different obligations, both before signing.

Matching. Profiles, a video call, a mutual decision.

Contract. Each side has its own attorney; the carrier's is her choice and paid by the intended parents. Both sign written declarations attached to the agreement — what hospital staff and the Department of Health rely on at birth (§ 802(b)(7)). Married parties' spouses sign too. Compensation goes into independent escrow.

Sign before anything medical. The agreement must be executed before any medical procedure other than the § 801 evaluations, and "in every instance, before transfer of embryos" (§ 802(b)(4)). It cannot require more than a one-year term to achieve pregnancy — a limit on that term, not a one-year cap on the pregnancy, delivery or payment obligations.

Transfer and pregnancy. Medications, transfer and monitoring at the clinic, then care with the provider of the carrier's choosing.

The parentage order. A party may file before or after the birth in the Probate Division of the Superior Court (§ 804). The order declares parentage, directs the Department of Health on the birth certificate, and seals the record. An uncontested petition "shall be resolved by the court promptly" — a statutory instruction, not a number of weeks.

Birth. Parentage vests in the intended parents at delivery under a complying agreement (§ 803), and the court forwards a certified copy of its order to the Department of Health.

Afterward. The court keeps continuing jurisdiction until the child is 180 days old (§ 805).

Your Vermont attorney sets the filing timetable — ask at the contract stage, not in the third trimester.

Vermont writes the carrier's protections into the statute rather than leaving them to whatever a contract happens to say.

Your medical decisions are yours. The agreement must permit you "to make all health and welfare decisions regarding [your] health and pregnancy" (§ 802(e)). The same subsection says the chapter "shall not enlarge or diminish" your right to terminate a pregnancy — it takes no position either way. You also keep "the right to use the services of a health care provider or providers of [your] choosing" during the pregnancy (§ 802(b)(12)).

Your own lawyer, chosen by you and paid by them. § 801(a)(3) requires independent representation "of the person's own choosing and paid for by the intended parent or parents."

You can stop, before transfer — and you are protected on the way out. Any party may withdraw consent and terminate "at any time prior to any embryo transfer or implantation," on written notice. If that happens you keep all payments received, and the intended parents "remain responsible for all expenses that are reimbursable under the agreement" incurred through the date of termination (§ 806).

A court will not order you to become pregnant or to end a pregnancy. Specific performance is expressly unavailable for any term requiring you "to be impregnated or to terminate a pregnancy" (§ 808(e)).

One thing the statute allows. A party or the court may require the records from your § 801 medical evaluation to be produced to the court and the other parties (§ 802(c)). Ask your attorney what that means for your file before you sign.

What you are not. Under a complying agreement you are not the child's parent, and neither is your spouse — parentage vests in the intended parents at birth (§ 803). That is what keeps the legal end of your journey short.

At Ivy your compensation goes into independent escrow before medications start, and your assisted-reproduction, prenatal, labor and delivery costs that insurance does not pay are the intended parents' statutory responsibility (§ 809). Start your application — about ten minutes.

Two sets of requirements apply in Vermont: what the statute demands, and what Ivy and the IVF clinic ask on top of it.

What Vermont law requires (15C V.S.A. § 801(a)):

• At least 21 years of age.
• A completed medical evaluation that includes a mental health consultation.
• Independent legal representation of your own choosing, paid for by the intended parents.
• You may not have contributed the gametes used, unless the agreement is with a family member.
• If you are married, your spouse is a party to the agreement (§ 802(b)(6)).

What Ivy asks:

• Age 20–36 at application. You may apply at 20, but § 801(a)(1) requires you to be 21 to sign the agreement, which happens before any transfer.
• At least one healthy full-term pregnancy, and currently raising that child.
• BMI of 32 or below.
• No more than 2 cesarean deliveries and no more than 5 deliveries total — these come from IVF clinic requirements rather than state law.
• No smoking, vaping or THC for 6+ months.
• Not on public assistance; a stable home, reliable transportation and household support.
• U.S. citizen or lawful permanent resident.

You can apply as early as three months postpartum after a vaginal delivery, and longer after a cesarean — your clinic sets the interval.

Your residency may be what makes the agreement work. § 802(b)(3) requires at least one party to be a Vermont resident, and you are a party — your residence can be the fact that satisfies it.

Where you deliver is a question for counsel. Residency under § 802(b)(3) and the court’s jurisdiction are related but separate: § 805 makes the court’s exclusive, continuing jurisdiction "subject to the jurisdictional standards of 15 V.S.A. § 1071." Tell your coordinator early if you live near a state line.

At Ivy, first-time base compensation in Vermont is $40,000, with $45,000–$50,000 for a second journey and $55,000–$60,000 for a third or more — for proven surrogates, we're open to discussing more. With allowances and milestone payments, most packages land between $50,000 and $100,000+. See the surrogate compensation page for the full breakdown.

Vermont permits this by statute. § 802(d) provides that a gestational carrier agreement "may include provisions for payment of consideration and reasonable expenses to a prospective gestational carrier, provided they are negotiated in good faith between the parties." Chapter 8 itself sets no cap, no fee schedule and no requirement that a court approve the amount. A CourtListener search of Vermont appellate opinions on 14 August 2026 found no Vermont decision interpreting "good faith" — one more reason each side has its own counsel.

Your medical costs are separate from your pay, and by law they are the intended parents'. § 809 makes them liable for the costs insurance does not pay — "assisted reproduction, prenatal care, labor, and delivery" — and a breach of the agreement does not relieve them of it.

If the arrangement ends before transfer, you keep what you have been paid, and the intended parents remain responsible for reimbursable expenses you incurred up to that date (§ 806). Your compensation is held in independent escrow and released on the schedule in your contract, which your own attorney reviews before you sign.

The fertility practices we link to for Vermont are both in the Burlington area:

• Northeastern Reproductive Medicine — publishes both IVF and a Surrogacy service line.
• University of Vermont Health, Reproductive Endocrinology & Infertility — Burlington. Its own page describes it as "the only reproductive endocrinology and infertility program in Vermont," a self-description we quote rather than adopt, since another practice also operates in the state.

If the intended parents already have embryos at a clinic outside Vermont, raise it early — it affects where the transfer happens.

Ivy works with the clinic the intended parents choose. Where the transfer happens, where the birth happens and which state's parentage law governs are separate questions — ask your Vermont attorney to settle all three before matching, particularly if any of them would fall outside Vermont.

Statutes: 15C V.S.A. chapter 8 — Parentage by Gestational Carrier Agreement: § 801 (eligibility), § 802 (agreement, compensation, the carrier's health and welfare decisions), § 803 (parentage at birth), § 804 (birth and parentage orders), § 805 (180-day continuing jurisdiction), § 806 (termination before transfer), § 807 (later marriage or divorce), § 808 (non-compliance and remedies), § 809 (health care costs). Definitions at § 102.

Amendments: chapter 8 was amended by Act 175 of 2024, effective 1 July 2024. The act contains no transition provision.

Case law: none construing chapter 8. CourtListener, Vermont appellate opinions, 14 August 2026: one Vermont hit for gestational carrier (decided 2017, before the chapter existed), against 170 nationwide and 98 Vermont parentage results. Not a Westlaw or Lexis docket search. § 804 lets the court seal the record from the public.

Courts: the Probate Division of the Superior Court enters parentage orders before or after the birth (§ 804(a)); the Family Division takes a genetically related carrier outside the family-member exception (§ 803(a)(3)) and a non-complying agreement (§ 808(b)).

Birth certificates: Vermont Department of Health, Vital Records.

Fertility clinics: Northeastern Reproductive Medicine and UVM Health Reproductive Endocrinology & Infertility.

Getting started with Ivy: surrogate application · intended parents · surrogate compensation · contact us.