Civil…

                                                            Civil Unions
                                                                              in Vermont

Questions and Answers to Help you Plan your Vermont Civil Union
A civil union is a legal relationship that provides same-sex couples in Vermont all the benefits,
protections and responsibilities under law as are granted to spouses in a marriage.

Who can form a civil union? Both parties to a civil union must be of the same sex and therefore ineligible for
   marriage. Both parties must be at least 18 years of age, of sound mind, and not already in a marriage or
   another civil union. Vermont also does not allow a civil union between most close relatives. You cannot enter
   a civil union with a parent, grandparent, sister, brother, child, grandchild, niece, nephew, aunt or uncle.
   Anyone under guardianship must have the guardian sign an affidavit consenting to the union. You do not
   have to be Vermont residents to form a civil union in Vermont.

Do we need a license? Do we need blood tests? You will need a license, but you do not need blood tests,
   and there is no waiting period.

Where do we get a civil union license and how much does it cost? Licenses are issued by Vermont
   town clerks. If both parties are Vermont residents, you may go to the town clerk in either of your towns of
   residence. If just one of you resides in a Vermont town, you must buy the license in that town. The license
   costs $45, and is valid for 60 days from the date it is issued. During that time, you must have the union
   certified by an authorized person -- otherwise, the license is void.

What if we are not Vermont residents? If neither party is a Vermont resident, you may get the license from
   any town clerk in the state.

What information must we provide to get a civil union license? Besides basic information about
   yourselves (names, towns of residence, places and dates of birth), you must also provide your parents'
   names, including your mothers' maiden names, and their places of birth. (A certified copy of your birth
   certificate can supply most of this information.)

   Vermont law requires that at least one of you sign the license in the presence of the town clerk, certifying that
   all the information you provided is correct. However, most town clerks prefer to see both of you in person
   before issuing your license. The law requires that town clerks satisfy themselves that you are both free to
   form a civil union under Vermont laws. Therefore, they may ask to see legally documented proof of your
   statements (birth certificates, divorce decrees, death certificates, etc.). You will also be asked to provide
   information about your race, the highest grade you completed in school, and the number of previous
   marriages or civil unions and how they ended. This information is confidential and does not become part of
   the civil union certificate.

What if either of us has been married or in a civil union before? If your husband, wife, or civil union
   partner has died, you are free to form a civil union. The clerk will ask the date your spouse or civil union
   partner died. If you are divorced, you may form a civil union after the date on which your previous marriage or
   civil union was legally dissolved.




   VT Dept. of Health · Vital Records Unit · 108 Cherry Street, PO Box 70, Burlington, VT 05402
                                   802-863-7275 or 800-439-5008
                                                                                                July 1, 2008
Can a license be issued through the mail? Can we form a civil union by proxy? No. A civil union
   license cannot be issued through the mail, and you cannot form a civil union by proxy.

Where can we have our civil union certified? With a valid Vermont license, your civil union can be certified
   anywhere in Vermont, but only in Vermont.

Who can certify our civil union? Do we need witnesses? A Supreme Court justice, a superior court
   judge, a district judge, a judge of probate, an assistant judge, a justice of the peace or an ordained or licensed
   member of the clergy residing in Vermont can certify your civil union. A clergy person residing in an adjoining
   state or country can certify your civil union if his or her church, temple, mosque, or other religious organization
   lies wholly or partly in Vermont. A clergy member residing in some other state or in Canada can certify your
   civil union if he or she first obtains a special authorization from the probate court in the district where the
   certification will take place. In addition, any person who is over the age of 18 may register with the Secretary
   of State to become a temporary officiant to a civil union. A person who has filled out the registration form and
   who has paid the registration fee of $100 will receive a certificate authorizing the person to solemnize a
   specific Vermont civil union. The individual's authority to solemnize that civil union will expire at the same time
   as the corresponding license. For information on registering to be a temporary officiant visit
   www.sec.state.vt.us or call 802-828-2148. Vermont law does not require witnesses, but, if you are planning a
   religious ceremony, check to see if the religion's tenets require witnesses.

What do we do with the license? What happens to it after the ceremony? By law, you must deliver
   the license to the person who will certify your union (officiant). After the ceremony, the officiant will complete
   the sections concerning the date, place and officiant information, and sign your license. At that point, the
   license becomes a civil union certificate. The officiant must return the certificate to the town clerk's office
   where it was issued within 10 days of the certification, so that your union can be officially registered. If the
   officiant has registered with the Secretary of State as a temporary officiant, a copy of the certificate of
   authority issued by the Secretary of State should be attached to the signed license and returned to the clerk's
   office. The certificate is not a complete legal document until it has been recorded in the town clerk's office
   where it was purchased.

How do we get a copy of our civil union certificate? At the time you buy your civil union license, you can
   arrange with the town clerk to mail you a certified copy of your certificate as soon as your civil union has been
   recorded. The cost is $10 for the certified copy along with the $45 for the license purchase ($10 + $45 = $55).
   Or, two weeks or more after the ceremony, you can request, in person or in writing, additional copies from the
   town clerk's office where you bought your license for the same $10 fee. Or, six or more weeks after your
   ceremony, you may request, in person or in writing, a certified copy from the Vermont Department of Health,
   Vital Records Unit for $10. In either case, you will receive a copy of the original certificate, embossed with the
   town or state seal, signed and dated by the appropriate official. This copy is accepted for all legal purposes as
   proof of a valid civil union.




   VT Dept. of Health · Vital Records Unit · 108 Cherry Street, PO Box 70, Burlington, VT 05402
                                   802-863-7275 or 800-439-5008
                                                                                                 July 1, 2008