§ 3-101. Jurisdiction

(a) Except as otherwise provided in subsections (b) and (c) of this section, the Probate Division of the Superior Courts of this State have jurisdiction over a proceeding for the adoption of a minor commenced under this title if:

(1) immediately before commencement of the proceeding, the minor lived in this State with a parent, a guardian, a prospective adoptive parent, or another person acting as parent for at least six consecutive months, including periods of temporary absence or, in the case of a minor under six months of age, lived in this State from soon after birth with any of those persons;

(2) immediately before commencement of the proceeding, the prospective adoptive parent lived in this State for at least six consecutive months, including periods of temporary absence;

(3) an agency placed the minor for adoption and it is in the best interests of the minor that a court of this State assume jurisdiction because:

(A) the minor and the minor's parents, or the minor and the prospective adoptive parent, have a significant connection with this State; and

(B) there is available in this State substantial evidence concerning the minor's present or future care;

(4) the minor and the prospective adoptive parent are physically present in this State and the minor has been abandoned or it is necessary in an emergency to protect the minor because the minor has been subjected to or threatened with mistreatment or abuse or is otherwise neglected; or

(5) it appears that no other state would have jurisdiction under prerequisites substantially in accordance with subdivisions (1) through (4) of this subsection, or another state has declined to exercise jurisdiction on the ground that this State is the more appropriate forum to hear a petition for adoption of the minor, and it is in the best interests of the minor that a court of this State assume jurisdiction.

(b) A court of this State may not exercise jurisdiction over a proceeding for adoption of a minor if at the time the petition for adoption is filed a proceeding concerning the custody or adoption of the minor is pending in a court of another state exercising jurisdiction substantially in conformity with the Uniform Child Custody Jurisdiction and Enforcement Act or this title, unless the proceeding is stayed by the court of the other state.

(c) If a court of another state has issued a decree or order concerning the custody of a minor who may be the subject of a proceeding for adoption in this State, a court of this State may not exercise jurisdiction over a proceeding for adoption of the minor unless:

(1) the court of this State finds that the court of the state which issued the decree or order:

(A) does not have continuing jurisdiction to modify the decree or order under jurisdictional prerequisites substantially in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act or has declined to assume jurisdiction to modify the decree or order; or

(B) does not have jurisdiction over a proceeding for adoption substantially in conformity with subdivisions (a)(1) through (4) of this section or has declined to assume jurisdiction over a proceeding for adoption; and

(2) the court of this State has jurisdiction over the proceeding.

(d) The Probate Division of the Superior Courts of this State shall have jurisdiction over a proceeding for relinquishment, consent to adoption, or termination of parental rights associated with an adoption if immediately preceding the commencement of the proceeding:

(1) the adoptee resided in this State; or

(2) the agency receiving a relinquishment is licensed as a child placing agency in this State; or

(3) the prospective adoptive parents, if known, have lived or had legal residence in this State for at least six consecutive months; or

(4) one parent of the adoptee has had legal residence in this State for at least six months; or

(5) any requirement of the Uniform Child Custody Jurisdiction and Enforcement Act is satisfied so as to vest the courts of this State with jurisdiction over the child.

(e) The Probate Division of the Superior Courts of this State shall have jurisdiction over civil actions concerning disclosure of identifying information pursuant to Article 6 of this title and construction and enforcement of adoption decrees and orders and, except as provided in section 7-101 of this title, all other civil actions arising under this title.

(f) Nothing in this section shall be construed to remove jurisdiction from the Family Division of the Superior Court over relinquishments or termination of parental rights under 33 V.S.A. chapters 51-53. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 1997, No. 53, § 3, eff. June 26, 1997; 2009, No. 154, § 238; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2011, No. 29, §§ 5-7.)