As many LGBTQ+ parents know, establishing legal parentage can be a complicated process.
From confirmatory adoptions to pre-birth orders, the processes that LGBTQ+ parents must go through to establish parentage can be expensive and time-consuming and feel unfair. However, in a growing number of states, the path to parentage for LGBTQ+ people is becoming considerably simpler thanks to Voluntary Acknowledgments of Parentage (VAPs).
So, what are VAPs? Read on to learn more about this process for establishing parentage, and how it may impact your family.
Disclaimer: This information is not intended to be legal advice, but an overview of the current state of Voluntary Acknowledgments of Parentage (VAPs) as they relate to establishing legal parentage for LGBTQ+ parents. The law is changing quickly and dynamically and varies considerably from state to state, so it is important to consult an attorney in your state who has expertise in family law and has experience working with LGBTQ+ people and couples.
Voluntary Acknowledgements of Parentage (VAPs)
A Voluntary Acknowledgment of Parentage (VAP) is a form that parents sign acknowledging that they are a child’s parents and are willingly assuming the rights and responsibilities of parentage. In some states, a VAP is called an Acknowledgment or Affidavit of Parentage (AOP) or a Voluntary Declaration of Parentage (VDOP).
Parents may sign them before or after birth, depending on the state. When both parents sign a VAP, the non-birthing parent can be added to the child’s birth certificate and is a legally recognized parent.
VAPs are not new (for different-sex couples)! In fact, all states must have a VAP process by which unmarried fathers can establish legal parentage. However, until 2017, VAPs were only available to different-sex couples. A growing number of states have amended their VAPs to make them available to same-sex couples. They’re an important tool for establishing legal parentage.
The requirements for VAPs vary from state to state; however, in all states VAPs are a simple form that generally does not require families to hire or involve lawyers to complete the process. Once a VAP takes effect, it is the legal equivalent of a court order. Federal law requires VAPs to be recognized in all fifty states and in all jurisdictions. Parents may rescind a VAP for a specific period – typically 60 days following signature. Once this period has passed, parents must establish a legal basis, such as fraud, under which to challenge a VAP.
Family Equality urges parents who complete a VAP to request a copy and carry this information and the child’s birth certificate with them when traveling.
Which States Allow LGBTQ+ Parents to Sign VAPs?
As of the date of this publication, only eleven states allow LGBTQ+ parents to establish parentage via a VAP. The requirements for VAPs vary slightly from state to state, and it is important to understand and follow the specific requirements of your state.
Jump to: State-Specific Information
- California
- Colorado
- Connecticut
- Maine
- Maryland
- Massachusetts
- Nevada
- New York
- Rhode Island
- Vermont
- Washington
The Benefits for LGBTQ+ Parents
VAPs are usually free. They are also quickly enforceable because they go into effect either as soon as all parties sign the form, as soon as a parent gives birth, or as soon as the appropriate state agency files it. And, as stated above, parents can complete a VAP without having an attorney.
Many parents may wonder if they can sign a VAP after using assisted reproduction to conceive their child. The answer is yes! All eleven states that extend VAPs to LGBTQ+ parents allow parents using assisted reproduction to sign a VAP. VAPs are less helpful for parents using surrogacy: only Massachusetts, Nevada, and Vermont explicitly allow parents using surrogacy to sign a VAP, and even in those states other legal processes are necessary along with a VAP to establish legal parentage.
Caution on Using VAPs to Establish Parentage
VAPs should be treated as the equivalent of a court order, and under federal law, they should be recognized by all states and jurisdictions. However, until VAPs are more widely available to LGBTQ+ parents across the United States, they may be questioned or vulnerable to challenge. Therefore, the most secure way to establish legal parentage is to get an adoption order or other court order establishing legal parentage.
State-specific information
Click on each state to learn more about the state’s specific details related to VAPs.
California
What is a VDOP? Is this what VAPs are called in California?
Yes. In California, VAPs are called Voluntary Declarations of Parentage (VDOP).
What does the VDOP process entail?
Upon the birth of a child at a hospital, parents will be provided an opportunity to complete a VDOP. If signed in a hospital, a notary is not needed. If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the child’s birth. To obtain a VDOP outside of the hospital, parents may get a blank form from their local child support agency, local court or Family Law Facilitator, local registrar of births and deaths, and their local welfare office. Parents may also contact the Parentage Opportunity Program at askpop@dcss.ca.gov to request a blank form. VDOPs are not available electronically. Therefore, you must provide program staff with a complete mailing address. If signed outside of a hospital, a VDOP must be signed by a qualified authorized witness, which includes authorized witnesses from agencies such as family law facilitators, local registrars of births & deaths, local child support agencies, local welfare offices or notary publics.
When can parents sign a VDOP?
Before a child is born, or any time after birth. The VDOP will not take effect until the child is born or until the document is filed with the Department of Child Support Services, whichever occurs later. A VDOP that is signed by a minor parent does not establish parentage until 60 days after both signatories have reached 18 years of age or are emancipated, whichever occurs first.
Can parents sign a VDOP at the hospital right after a child’s birth?
Yes.
How long does it take to process a VDOP?
Once the completed, signed, and witnessed VDOP is received, the Parentage Opportunity Program takes an average of 14 to 21 business days to process the form. If this time frame has passed, parents can call the program’s toll-free line at (866) 249-0773 for a status update and to confirm the VDOP has been processed. Parents can also obtain a free, certified copy of the filed VDOP by submitting a Request for a Filed Declaration of Parentage (DCSS 0918) form. The VDOP will not take effect until the child is born or until the document is filed with the Department of Child Support Services, whichever occurs later. A VDOP that is signed by a minor parent does not establish parentage until 60 days after both signatories have reached 18 years of age or are emancipated, whichever occurs first.
Do I need an attorney?
No.
Who can sign a VDOP?
To qualify to sign a VDOP, one signer must be the parent who gave birth to the child, and the other signer must be either: (1) the only possible father of the child who is not married to the birth parent; or (2) someone who is an intended parent of the child based on an assisted reproduction agreement and the child was conceived through assisted reproduction where the donor was not the spouse of the birth parent.
Can married parents sign a VDOP?
Yes, if the parents utilize an assisted reproduction agreement to conceive their child. Otherwise, only unmarried parents can sign a VDOP.
Can LGBTQ+ families using assisted reproductive technologies establish parentage through VDOPs?
Yes.
Can LGBTQ+ families using surrogacy establish parentage through a VDOP?
No.
Do VDOPs impact birth certificates?
If the VDOP is signed after the original birth certificate is created, the child’s birth certificate will NOT update automatically. Contact the California Department of Health, Office of Vital Records to obtain additional information regarding the process to change the name listed on a birth certificate. You may contact the Office of Vital Records at (916) 445-2684, or by email at VRmail@cdph.ca.gov.
Can parents rescind a VDOP?
Either parent may rescind a VDOP for 60 days after signing. Once this period has passed, parents must establish a legal basis, such as fraud, under which to challenge a VDOP.
Where can I find more information?
More information about VDOPs in California can be found here: https://childsupport.ca.gov/establish-legal-parentage-frequently-asked-questions/
Colorado
What does a VAP process entail?
The form may be submitted at the time of birth. If the form was not submitted at the time of birth, parents must return the form with a copy of driver’s licenses or an acceptable form of ID from all parties listed in Sections B, C, and D (excluding witnesses) to the Colorado Department of Health and Environment, Vital Records at 4300 Cherry Creek Dr. South; Denver, CO 80246-1530. A list of acceptable IDs can be found here: www.colorado.gov/cdphe.
When can parents sign a VAP?
Before a child is born, or any time after birth up to age 18, and in some cases, up to age 21. The VAP will not take effect until the child is born or until the document is filed, whichever occurs later.
Can parents sign a VAP at the hospital right after a child’s birth?
Yes.
How long does it take to process a VAP?
Processing time is 30 business days from the date of receipt. If parents have questions about the process or whether the VAP was received, they can call the CO Dept. of Public Health and Environment, Vital Records at 303-692-2200 or email here. To request a certified copy of the VAP parentage form, the fee is $17. Request a copy with this form.
Do I need an attorney?
No.
Who can sign a VAP?
To qualify to sign a VAP, one person must be the parent who gave birth, and the other person must be either a person who believes themselves to be a genetic parent or another person who is an intended parent of a child conceived through an assisted reproductive procedure.
Can married parents sign a VAP?
Yes.
Can LGBTQ+ families using assisted reproductive technologies establish parentage through VAPs?
Yes.
Can LGBTQ+ families using surrogacy establish parentage through a VAP?
No.
Do VAPs impact birth certificates?
If a birth certificate was generated prior to filing the VAP, the birth certificate will NOT be updated automatically. There is a $20 fee to add a parent’s name to a birth certificate. When a change to a birth certificate has been made, any previously issued birth certificates will no longer be valid.
Can parents rescind a VAP?
Yes, within 60 days or before any court hearing involving the child, whichever occurs first. A VAP may be rescinded after 60 days if challenged based on fraud, duress, or mistake of material fact.
Where can I find more information?
Connecticut
What is an AOP? Is this what VAPs are called in Connecticut?
Yes. In Connecticut, VAPs are called Acknowledgments of Parentage (AOP).
What does an AOP process entail?
Parents need a witness to sign the form, and the witness must be an authorized official. If signing the form outside the hospital, parents must show the notary or other authorized official a photo identification, such as a driver’s license, motor vehicle identification card, passport, etc. Signatures need to be dated, and both parents do not need to sign at the same time. After the AOP has been completed, signed, and sworn to by both parents, each parent will receive and need to keep a copy of the form. The original completed copy must be sent to the Connecticut Department of Public Health, Vital Records Section – Parentage Registry at 410 Capitol Avenue- MS#11VRS; P.O. Box 340308; Hartford, CT 06134-0308. If the form is completed at a hospital or local DSS office, the hospital or DSS office will forward it to DPH. If parents are completing the form on their own or with the assistance of an attorney, the parents or the attorney must send the original copy to the Department of Public Health.
When can parents sign an AOP?
Before a child is born, or any time after birth until the child reaches the age of 18. The AOP will not take effect until the child is born.
Can parents sign an AOP at the hospital right after a child’s birth?
Yes.
How long does it take to process an AOP?
Normal processing time is approximately four to six weeks.
Do I need an attorney?
No.
Who can sign an AOP?
The person who gave birth and: (1) alleged genetic parent; (2) presumed parent; or (3) intended parent. A presumed parent includes married parents, parents who are no longer married but whose child was born less than 300 days from the termination of the marriage, or parents who have resided in the same household with the child for 2 years, including temporary absences, and who held out the child as their own. An intended parent is one who consents to and uses assisted reproductive technology to conceive a child. Surrogates and donors are not intended parents.
Can married parents sign an AOP?
Yes, married and unmarried parents can sign an AOP.
Can LGBTQ+ families using assisted reproductive technologies establish parentage through AOPs?
Yes.
Can LGBTQ+ families using surrogacy establish parentage through an AOP?
No.
Do AOPs impact birth certificates?
Persons responsible for the preparation and filing of birth records, such as hospital staff, are required to accept the AOP up to 10 days from discharge as a basis for including the acknowledging parent’s information on the birth certificate. If parentage is established later on, after a birth certificate has already been created an AOP form must be submitted to the Parentage Registry at the Department of Public Health. Connecticut Department of Public Health Vital Records Section Parentage Registry 410 Capitol Avenue – MS#11VRS P. O. Box 340308 Hartford, CT 06134-0308 Telephone: (860) 509-7958. Once parentage has been established through the completion of the AOP, the birth certificate will be amended to include the acknowledged parent’s information and any requested change to the child’s name as identified on the AOP.
Can parents rescind an AOP?
Either parent may rescind an AOP within 60 days from signing. Once this period has passed, a person challenging an AOP must establish a legal basis, such as fraud, under which to challenge an AOP.
Where can I find more information?
Maine
What is an AOP? Is this what VAPs are called in Maine?
Yes. In Maine, VAPs are called Acknowledgments of Parentage (AOP).
What does an AOP process entail?
Each parent must sign in the presence of a notary public, and the notary must notarize each signature on page 1. Each parent must initial and select the appropriate statements of the acknowledgment on page 2. Alterations, erasures, white-outs, cross-outs, write overs, etc. will not be accepted and will invalidate the form. The completed and notarized AOP form and statements, along with any applicable fees, must be submitted directly to the Office of Data, Research, and Vital Statistics (DRVS), 220 Capitol Street; 11 State House Station; Augusta, Maine 04333-0011. Appointments may be requested by calling the office at 207-287-3771 or 1-888-664-9491. The fee for one certified copy of the Certificate of Live Birth after the AOP has been applied is $15. Additional copies requested at the same time are $6 each.
When can parents sign an AOP?
Any time after birth until the child reaches the age of 18.
Can parents sign an AOP at the hospital right after a child’s birth?
Yes.
How long does it take to process an AOP?
An AOP goes into effect on the date of the birth of the child or the filing of the document with the State Registrar of Vital Statistics, whichever occurs later.
Do I need an attorney?
No.
Who can sign an AOP?
A person who gave birth, provided the person is not a surrogate, and (1) an alleged genetic parent; (2) a presumed parent; or (3) an intended parent. A presumed parent includes married parents, parents who are no longer married but whose child was born less than 300 days from the termination of the marriage, or parents who have resided in the same household with the child for 2 years, including temporary absences, and who held out the child as their own, assuming financial and custodial responsibility for the child. An intended parent is a person, married or unmarried, who manifests the intent to be legally bound as the parent of a child resulting from assisted reproduction. In the case of a married couple, any reference to an intended parent includes both spouses for all purposes.
Can married parents sign an AOP?
Yes.
Can LGBTQ+ families using assisted reproductive technologies establish parentage through AOPs?
Yes.
Can LGBTQ+ families using surrogacy establish parentage through an AOP?
No.
Do AOPs impact birth certificates?
When an AOP is received by the Office of Data, Research, and Vital Statistics, the parent will be added to the child’s Certificate of Live Birth.
Can parents rescind an AOP?
Either parent may rescind an AOP within 60 days from signing. Once this period has passed, a person challenging an AOP must establish a legal basis, such as fraud, under which to challenge an AOP.
Where can I find more information?
Maryland
What is an AOP? Is this what VAPs are called in Maryland?
Yes. In Maryland, VAPs are called Acknowledgments of Parentage (AOP).
What does an AOP process entail?
Each parent must sign and date the form in the presence of a witness. The form must be witnessed or notarized. If completed in a hospital, the hospital staff may act as a witness. Each parent must sign the Affidavit in the presence of a notary if the form is completed outside the hospital. An incomplete Affidavit may prevent parentage from being established by means of the Affidavit. The parents may sign the Affidavit on different dates and need not have the same witness/notary. If there are questions about the process, a parent can call the Maryland Department of Health, Division of Vital Records at 410-764-3038.
When can parents sign an AOP?
Before a child is born, or any time after birth until the child reaches the age of 18. In the case of a child who is dependent on a parent because of a mental or physical infirmity, parents can sign an AOP at any time before the child’s 21st birthday. The AOP will not take effect until the child is born.
Can parents sign an AOP at the hospital right after a child’s birth?
Yes.
How long does it take to process an AOP?
An AOP goes into effect once it is signed or after the child is born, whichever occurs later.
Do I need an attorney?
No.
Who can sign an AOP?
An unmarried birthing parent may sign an AOP along with a genetic father or another parent who, along with the birthing parent, consented to the conception of the child by means of assisted reproduction with the shared intent to be the parents of the child. An AOP may not be completed if the birthing parent was married at the time of conception or birth of the child, or between conception and birth of the child.
Can married parents sign an AOP?
No.
Can LGBTQ+ families using assisted reproductive technologies establish parentage through AOPs?
Yes.
Can LGBTQ+ families using surrogacy establish parentage through an AOP?
No.
Do AOPs impact birth certificates?
After a completed AOP is submitted, the name of the parent who did not give birth to the child will be placed on the child’s birth certificate.
Can parents rescind an AOP?
Either parent may rescind an AOP within 60 days from signing. Once this period has passed, a person challenging an AOP must establish a legal basis, such as fraud, under which to challenge an AOP.
Where can I find more information?
Massachusetts
What does a VAP process entail?
Both parents must sign the VAP form, which must be notarized. Parents can sign the VAP in the hospital after the child is born. A birth registrar at the hospital can help parents with this. There is no fee when a VAP is signed at the hospital. If parents don’t complete the VAP in the hospital, they can fill it out and bring it to the clerk’s office in the city or town where the child was born. Both parents’ signatures have to be notarized, which the clerk can do. The clerk may charge a fee for filing. Parents can also go to the Registry of Vital Records and Statistics (RVRS) to fill out a VAP. There is a fee for filing the form at the RVRS.
When can parents sign a VAP?
Any time after birth until the child reaches the age of 18.
Can parents sign a VAP at the hospital right after a child’s birth?
Yes.
How long does it take to process a VAP?
Parentage is established as of the date the VAP is completed by both parents and properly filed at the offices of the city or town clerk where the child was born or the State Registry of Vital Records and Statistics.
Do I need an attorney?
No.
Who can sign a VAP?
Parentage is established as of the date the VAP is completed by both parents and properly filed at the offices of the city or town clerk where the child was born or the State Registry of Vital Records and Statistics.
Can married parents sign a VAP?
No.
Can LGBTQ+ families using assisted reproductive technologies establish parentage through VAPs?
Yes.
Can LGBTQ+ families using surrogacy establish parentage through a VAP?
Yes. However, there are additional requirements for parents using a gestational carrier such as obtaining and attaching a pre-birth court order. A VAP alone will not suffice to establish parentage. Additionally, Massachusetts does not allow married couples to sign a VAP.
Do VAPs impact birth certificates?
Yes, the child’s birth certificate will be updated to include the acknowledging parent after the VAP is signed and filed.
Can parents rescind a VAP?
Parents can file to rescind a VAP within 60 days of filing or at a court hearing concerning the child, such as a custody or child support hearing, whichever occurs first. After 60 days, parents can challenge a VAP within one year only on limited grounds of fraud, duress, or material mistake of fact.
Where can I find more information?
Nevada
What does a VAP process entail?
Parents can complete a VAP in person or may request one by mail. Parents who wish to complete a VAP in person may do so at the hospital, or with the NV Office of Vital Records (No. Nevada), Washoe County Health District (Washoe), or Southern Nevada Health District (Clark). Parents should each bring a valid photo ID, passport, or two forms of secondary ID. Parents may need to pay a witness fee per child. The child need not be present.
When can parents sign a VAP?
Under Nevada’s Parentage Act, a VAP may be signed any time before the child reaches age 21. Note that some Health Districts indicate that the child must be born in Nevada and be under the age of 18 years.
Can parents sign a VAP at the hospital right after a child’s birth?
Yes.
How long does it take to process a VAP?
A VAP goes into effect after the recission period has expired. The recission period is 60 days after the VAP is signed by both parents or before the date on which an administrative or judicial proceeding relating to the child begins, whichever occurs first.
Do I need an attorney?
No.
Who can sign a VAP?
In Nevada, birth parents, genetic parents, parents who consented to and conceived a child through assisted reproduction, and parents of a child born to a gestational carrier can sign a VAP.
Can married parents sign a VAP?
Yes, married or unmarried parents can sign a VAP.
Can LGBTQ+ families using assisted reproductive technologies establish parentage through VAPs?
Yes.
Can LGBTQ+ families using surrogacy establish parentage through a VAP?
Yes, but parents also need to have signed a gestational agreement in accordance with Nevada’s surrogacy statute.
Do VAPs impact birth certificates?
Yes, the acknowledging parent will be added to the birth certificate.
Can parents rescind a VAP?
Parents can file to rescind a VAP within 60 days of filing or at a court hearing concerning the child, such as a custody or child support hearing, whichever occurs first. After 60 days, parents can challenge a VAP only on limited grounds of fraud, duress, or material mistake of fact.
Where can I find more information?
New York
What is an AOP? Is this what VAPs are called in New York?
Yes. In New York, VAPs are called Acknowledgments of Parentage (AOP).
What does an AOP process entail?
Each parent must sign the AOP. The AOP must be signed by two witnesses, and the witnesses cannot be related to either parent. After the AOP is signed and witnessed, it is filed with the State Registrar or Deputy City Registrar, who examines and approves the AOP. If the AOP is signed at a hospital or social services district, the original AOP will be filed for the parents with the registrar of the district where the birth certificate is filed. If parents did not sign the AOP at a hospital or social services district, then they must mail or take the original AOP to the registrar of the district where the birth certificate is filed. For births that took place in NYC, mail or take the original AOP to the registrar at the NY Dept. of Health and Mental Hygiene, Office of Vital Records, Attn: Corrections Unit Room 144, 125 Worth Street CN-4, New York, NY 10013-4089. For births that took place outside NYC, mail or take the original AOP to the registrar of the district where the birth certificate is filed. The registrar will mail parents a certified copy of the AOP and will file a copy of the AOP with the Putative Father Registry. Family Equality urges parents to carry this certified copy with them when traveling. Note: If the name and address of a gamete donor of a child conceived through assisted reproduction is included on the AOP, the State Department of Health or the NY Dept. of Health and Mental Hygiene shall mail a copy to the known donor listed on the form with the Social Security numbers of the signatories redacted.
When can parents sign an AOP?
Immediately before birth or any time after birth until a child reaches age 18.
Can parents sign an AOP at the hospital right after a child’s birth?
Yes.
How long does it take to process an AOP?
An AOP has full force and effect once it is signed.
Do I need an attorney?
No.
Who can sign an AOP?
If unmarried, alleged genetic parents and intended parents may sign an AOP. Married parents can sign an AOP if they are the intended parents of the child and if their child was conceived through assisted reproduction. An intended parent is an individual who intends to be legally bound as the parent of a child resulting from assisted reproduction.
Can married parents sign an AOP?
Yes, if they are the intended parents of the child and if their child was conceived through assisted reproduction. An intended parent is an individual who intends to be legally bound as the parent of a child resulting from assisted reproduction.
Can LGBTQ+ families using assisted reproductive technologies establish parentage through AOPs?
Yes.
Can LGBTQ+ families using surrogacy establish parentage through an AOP?
No.
Do AOPs impact birth certificates?
Yes. If the AOP was not signed at the time of birth, then a new birth certificate will be issued with the name of each parent included. If parents changed the child’s last name when completing the AOP, it will be changed on the new birth certificate.
Can parents rescind an AOP?
Yes. If the parent is 18 years or older when signing the AOP, then the parent can rescind within 60 days of signing or on the date on which an answer to a petition is required in a proceeding relating to the child an in which such parent is a party, whichever is earlier. If the parent is under 18 years old when the AOP is signed, then the parent can rescind within 60 days of that parent’s 18th birthday or within 60 days after the date on which an answer to a petition is required in a proceeding relating to the child an in which such parent is a party, provided the parent was advised at any such proceeding of the right to file a petition to vacate, whichever is earlier. After the time limits have expired, either parent may only challenge the AOP, in court, if it was signed based on fraud, duress, or material mistake of fact. The burden of proof is on the party wishing to withdraw the AOP.
Where can I find more information?
Rhode Island
What does a VAP process entail?
VAP forms are available at the hospital immediately after the birth of a child or at the Center for Vital Records (CVR) after the parents and child leave the hospital. By law, the form must be witnessed and signed by at least one other individual. According to the Rhode Island Department of Human Services, parents must complete the form with a representative from the hospital or CVR. Completed VAPs shall be filed with the state registrar for vital records.
When can parents sign a VAP?
A VAP may be signed before or after the birth of a child. It takes effect on the date of the birth of the child or the filing of the document with the department of vital records, whichever occurs later.
Can parents sign a VAP at the hospital right after a child’s birth?
Yes.
How long does it take to process a VAP?
A VAP takes effect on the date of the birth of the child or the filing of the document with the department of vital records, whichever occurs later.
Do I need an attorney?
No.
Who can sign a VAP?
A VAP may be signed by: (1) an individual who gave birth to the child; (2) an individual who is the alleged genetic parent of the child; (3) an individual who is an intended parent of the child; and (4) a presumed parent. One of the signatories to the VAP must be the individual who gave birth. An intended parent is one who consents to assisted reproduction by another individual with the intent to be a parent of a child conceived by assisted reproduction. The consent must be in a record signed by the individual giving birth to the child conceived by assisted reproduction and by the individual who intends to be a parent of the child. If there is no signed consent, then a court must determine parentage.
Can married parents sign a VAP?
Yes, married and unmarried parents can sign a VAP.
Can LGBTQ+ families using assisted reproductive technologies establish parentage through VAPs?
Yes.
Can LGBTQ+ families using surrogacy establish parentage through a VAP?
No.
Do VAPs impact birth certificates?
Yes. The acknowledging parent will be added to the birth certificate.
Can parents rescind a VAP?
Parents can file to rescind a VAP within 60 days of filing or at a court hearing concerning the child, such as a custody or child support hearing, whichever occurs first. After 60 days, parents can challenge a VAP within two years the VAP became effective and only on limited grounds of fraud, duress, or material mistake of fact.
Where can I find more information?
Vermont
What does a VAP process entail?
The VAP must be signed by both parents and by a witness. Parents must file their VAP with the Department of Health, Vital Records Office at 108 Cherry Street, PO Box 70, Burlington, VT 05402-0070. If a VAP is not filed, it is not effective. A VAP takes effect on the date of the birth of the child or the filing of the document with the Department of Health, whichever occurs later.
When can parents sign a VAP?
Before or after the birth of a child.
Can parents sign a VAP at the hospital right after a child’s birth?
Yes.
How long does it take to process a VAP?
A VAP takes effect on the date of the birth of the child or the filing of the document with the Department of Health, whichever occurs later.
Do I need an attorney?
No.
Who can sign a VAP?
A VAP may be signed by (1) a person who gave birth to the child; (2) a person who is the alleged genetic parent of the child; (3) a person who is an intended parent; and (4) a presumed parent. An intended parent is a person, whether married or unmarried, who manifests an intend to be legally bound as a parent of a child resulting from assisted reproduction or a gestational carrier agreement. A presumed parent includes married parents, parents who are no longer married but whose child was born less than 300 days from the termination of the marriage, or parents who have resided in the same household with the child for 2 years, including temporary absences, and who held out the child as their own.
Can married parents sign a VAP?
Yes.
Can LGBTQ+ families using assisted reproductive technologies establish parentage through VAPs?
Yes.
Can LGBTQ+ families using surrogacy establish parentage through a VAP?
Vermont law explicitly states that persons who are intended parents of a child pursuant to gestational carrier agreements may sign VAPs. However, the law also states that the VAP must be signed by the birth parent. Moreover, surrogacies are only valid in Vermont if they comply with Chapter 8 of Title 15C.
Do VAPs impact birth certificates?
If parents file the VAP with the Department of Health within six months of the child’s birth, their names will be added to the birth certificate. After six months, parents can only get on the birth certificate by order of the probate division.
Can parents rescind a VAP?
Parents can file to rescind a VAP within 60 days of filing or at a court hearing concerning the child, such as a custody or child support hearing, whichever occurs first. After 60 days, parents can challenge a VAP within two years the VAP became effective and only on limited grounds of fraud, duress, or material mistake of fact.
Where can I find more information?
Washington
What is an AOP? Is this what VAPs are called in New York?
Yes. In Washington, VAPs are called Acknowledgments of Parentage (AOP).
What does an AOP process entail?
Each parent must sign the AOP. The AOP must be either notarized or witnessed by a third party, not both, to be filed with the Department of Health, Center for Health Statistics. For the purposes of an AOP, “witnessed” means at least one individual who is authorized to sign has signed a record to verify that the individual personally observed a signatory sign the record. A person signing the witnessed statement must be at least 18 years old and not related by blood or marriage to the individuals who signed the AOP. Submit the completed AOP with a non-refundable $18 check or money order payable to DOH. No payment is required when parents return the AOP to the hospital within 5 days of birth. The hospital must submit the AOP within 10 days to the Department of Health.
When can parents sign an AOP?
Parents can sign an AOP before or after birth.
Can parents sign an AOP at the hospital right after a child’s birth?
Yes.
How long does it take to process an AOP?
AOPs go into effect when the child is born or when the AOP is filed with the state registrar of vital statistics, whichever occurs later. AOPs may take three to four months to process. If a request has not been processed after four months, parents can call 360-236-4300.
Do I need an attorney?
No.
Who can sign an AOP?
An AOP must be signed by the birth parent and the second parent, who must either be the genetic parent of the child, the birth parent’s spouse anytime during the pregnancy, a person who married the birth parent after the child was born, a person who lived in the same household with the child for the first four years of their life and consider the child as their own, or a person who conceived the child with the birth parent through assisted reproduction.
Can married parents sign an AOP?
Yes.
Can LGBTQ+ families using assisted reproductive technologies establish parentage through AOPs?
Yes.
Can LGBTQ+ families using surrogacy establish parentage through an AOP?
No.
Do AOPs impact birth certificates?
Once the AOP is signed and filed with the Department of Health, Center for Health Statistics, the parent’s name will be added to the child’s birth record.
Can parents rescind an AOP?
Parents can file to rescind a VAP within 60 days of filing or at a court hearing concerning the child, such as a custody or child support hearing, whichever occurs first. After 60 days, parents can challenge a VAP within four years the VAP became effective and only on limited grounds of fraud, duress, or material mistake of fact.
Where can I find more information?
This information was prepared and distributed by Family Equality.
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