Although Vermont law does not explicitly recognizes surrogacy agreements, it appears that such agreements are lawful. ?Furthermore, surrogacy agreements are available to lesbian, gay, bisexual and transgender individuals and couples in Vermont.
There is no case law dealing directly with surrogacy, but in the case of Baker v. State,[i] the court expressed the view that surrogacy agreements are valid in Vermont. ?In this case, which led to the creation of civil unions in Vermont, the state itself argued that restricting marriage to different-sex couples would serve the important goal of minimizing complications in surrogacy agreements.? Furthermore, in its holding the Court granted state-level benefits and responsibilities associated with marriage to same-sex couples.
It is legal in Vermont for same-sex couples to jointly adopt, as well as for individuals to adopt the children of their same-sex partner. ?Moreover, now that same-sex couples have the right to marry in Vermont, it would stand to reason that surrogacy agreements would be extended to these couples if they are considered enforceable at all in the state.
[i] 170 Vt. 194 (Vt. 1999)