Legal note: This page is educational only. Vermont law and the facts of a specific journey should be reviewed by Vermont reproductive counsel.
Eligibility
Under 15C V.S.A. §801, a gestational carrier must be at least 21, complete a medical evaluation that includes a mental-health consultation, and have independent legal representation of the carrier's choosing. Intended parents must also be at least 21, complete psychosocial education and counseling, and retain independent counsel.
The gestational-carrier agreement
Section 802 permits a written agreement under which the carrier agrees to pregnancy through assisted reproduction and the intended parent or parents agree to be the parents of a resulting child. Enforceability depends on compliance with the statutory requirements.
Parentage
Section 803 provides that, when the agreement satisfies the chapter, the intended parent or parents are the parents immediately upon birth and the gestational carrier is not a parent, subject to statutory exceptions such as an unexpected genetic relationship.
Medical costs
Section 809 makes the intended parent or parents liable for carrier health-care costs not paid by insurance and requires the agreement to explain how those costs will be paid.
Medical autonomy and remedies
The statute limits specific performance for provisions that would force a carrier to become pregnant or terminate a pregnancy. That distinction matters when reading or negotiating a contract.
Practical takeaway
Vermont has a detailed statutory framework, but the exact agreement, jurisdiction and parentage documentation still need case-specific legal review.