2020 -- S 2136 SUBSTITUTE B AS AMENDED | |
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LC003601/SUB B | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO DOMESTIC RELATIONS -- UNIFORM LAW ON PATERNITY -- | |
UNIFORM PARENTAGE ACT | |
| |
Introduced By: Senators Lynch Prata, McCaffrey, Goodwin, Conley, and Nesselbush | |
Date Introduced: January 22, 2020 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 15-8 of the General Laws entitled "Uniform Law on Paternity" is |
2 | hereby repealed in its entirety. |
3 | CHAPTER 15-8 |
4 | Uniform Law on Paternity |
5 | 15-8-1. Obligations of the father. |
6 | The father of a child which is or may be born out of lawful wedlock is liable to the same |
7 | extent as the father of a child born in lawful wedlock, whether or not the child is born alive, for the |
8 | reasonable expense of the mother's pregnancy and confinement, and the education, necessary |
9 | support and maintenance, and medical and funeral expenses of the child and for reasonable counsel |
10 | fees for the prosecution of paternity proceedings. A child born out of lawful wedlock also includes |
11 | a child born to a married woman by a man other than her lawful husband. |
12 | 15-8-2. Enforcement. |
13 | Paternity may be determined upon the complaint of the father, mother, the child, or the |
14 | public authority chargeable by law with the support of the child. If paternity has been determined |
15 | or has been acknowledged according to the laws of Rhode Island, the liabilities of the father may |
16 | be enforced in the same or other proceedings by the mother, the child, or the public authority which |
17 | has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, |
18 | necessary support, or funeral expenses, and by other persons, including private agencies, to the |
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1 | extent that they have furnished the reasonable expenses of pregnancy, confinement, education, |
2 | necessary maintenance and support, or funeral expenses. |
3 | 15-8-3. Presumption of paternity. |
4 | (a) A man is presumed to be the natural father of a child if: |
5 | (1) He and the child's natural mother are or have been married to each other and the child |
6 | is born during the marriage, or within three hundred (300) days after the marriage is terminated by |
7 | death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by |
8 | a court; |
9 | (2) Before the child's birth, he and the child's natural mother have attempted to marry each |
10 | other by a marriage solemnized in apparent compliance with law, although the attempted marriage |
11 | is or could be declared invalid, and: |
12 | (i) If the attempted marriage could be declared invalid only by a court, the child is born |
13 | during the attempted marriage, or within three hundred (300) days after its termination by death, |
14 | annulment, declaration of invalidity, or divorce; or |
15 | (ii) If the attempted marriage is invalid without a court order, the child is born within three |
16 | hundred (300) days after the termination of cohabitation; |
17 | (3) After the child's birth, he and the child's natural mother have married, or attempted to |
18 | marry, each other by a marriage solemnized in apparent compliance with law, although the |
19 | attempted marriage could be declared invalid, and: |
20 | (i) He has acknowledged his paternity of the child in writing filed with the clerk of the |
21 | family court; |
22 | (ii) With his consent, he is named as the child's father on the child's birth certificate; or |
23 | (iii) He is obligated to support the child under a written voluntary promise or by court |
24 | order; |
25 | (4) He acknowledges his paternity of the child in a writing filed with the clerk of the family |
26 | court, who shall promptly inform the mother of the filing of the acknowledgement, and she does |
27 | not dispute the acknowledgement, within a reasonable time after being informed, in a writing filed |
28 | with the clerk of the family court. If another man is presumed under this section to be the child's |
29 | father, acknowledgement may be effected only with the written consent of the presumed father or |
30 | after the presumption has been rebutted. The written acknowledgement of paternity shall be |
31 | admissible as evidence of paternity; |
32 | (5) He has submitted to blood testing and the results establish a conclusive presumption in |
33 | accordance with § 15-8-11(e); or |
34 | (6) A sworn acknowledgment of paternity of a child born out of wedlock is signed by both |
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1 | parents on forms prescribed in accordance with § 23-3-9, either at the department of human services |
2 | or division of taxation within the department of administration, and is forwarded to the state |
3 | registrar of vital records for the purpose of amending the birth certificate. Before signing the sworn |
4 | acknowledgment of paternity, the parents shall be given written notice of their respective rights and |
5 | responsibilities. The sworn acknowledgment of paternity becomes a conclusive presumption if |
6 | there is no court challenge to this acknowledgement within sixty (60) days of the signing of this |
7 | acknowledgment. The only defenses which may be raised to the signing of this acknowledgment |
8 | after the sixty (60) day period are fraud, duress or mistake of fact. |
9 | (b) Except for a conclusive presumption under subdivisions (a)(5) and (a)(6) of this section, |
10 | a presumption under this section may be rebutted in an appropriate action only by clear and |
11 | convincing evidence. If two (2) or more presumptions arise which conflict with each other, the |
12 | presumption, which on its facts, is founded on the weightier considerations of policy and logic |
13 | controls. The presumption is rebutted by a court decree establishing paternity of the child by |
14 | another man. |
15 | 15-8-4. Limitation on recovery from the father. |
16 | The father's liabilities for past education and necessary support and maintenance are limited |
17 | to a period of six (6) years next preceding the commencement of an action under the provisions of |
18 | this chapter. |
19 | 15-8-5. Limitations of recovery from father's estate. |
20 | (a) The obligation of the estate of the father for liabilities under §§ 15-8-1 -- 15-8-26 are |
21 | limited to those amounts accrued prior to his death. In order to hold the estate of the father liable |
22 | under §§ 15-8-1 -- 15-8-26, an action under the provisions of this chapter must have been |
23 | commenced during the lifetime of the father. |
24 | (b) This section shall in no way limit the provisions of § 33-1-8, permitting the inheriting |
25 | or transmitting inheritance by a child born out of wedlock. |
26 | 15-8-6. Statute of limitations. |
27 | An action to determine the existence of the father and child relationship is not barred until |
28 | four (4) years after the child reaches the age of majority. |
29 | 15-8-7. Jurisdiction and remedies. |
30 | (a) The family court has jurisdiction of an action commenced under §§ 15-8-1 -- 15-8-26, |
31 | and all remedies for the enforcement of orders for the expense of pregnancy and confinement for |
32 | the mother, and for education, necessary support and maintenance, or funeral expenses for |
33 | legitimate children shall apply. The court has continuing jurisdiction to modify or revoke an order |
34 | and to increase or decrease amounts fixed by order for future education and necessary support and |
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1 | maintenance. All remedies under the Uniform Interstate Family Support Act, §§ 15-23.1-101 -- 15- |
2 | 23.1-903, are available for enforcement of duties of support and maintenance under §§ 15-8-1 -- |
3 | 15-8-26. |
4 | (b) A person who has had sexual intercourse in this state submits to the jurisdiction of the |
5 | courts of this state as to any action with respect to a child who may have been conceived by that |
6 | act of intercourse. In addition, the court may exercise jurisdiction over a nonresident individual |
7 | pursuant to § 15-23.1-201. Jurisdiction shall be acquired by service made in accordance with § 9- |
8 | 5-33. |
9 | 15-8-8. Clear and convincing evidence. |
10 | In any action to establish paternity under this chapter, other than an action brought pursuant |
11 | to § 15-8-2 or § 15-8-3, the standard that must be met by the plaintiff shall be that of clear and |
12 | convincing evidence. |
13 | 15-8-8.1. Trial by court. |
14 | Trial shall be by the court. |
15 | 15-8-9. Venue. |
16 | The action may be brought in the county in which the child or the alleged father resides or |
17 | is found, or, if the father is deceased, in which proceedings for probate of his estate have been or |
18 | could be commenced. |
19 | 15-8-10. Time of trial. |
20 | If the issue of paternity is raised in an action commenced during the pregnancy of the |
21 | mother, the trial shall not, without the consent of the alleged father, be held until after the birth or |
22 | miscarriage. |
23 | 15-8-11. Parentage tests. |
24 | (a) In a proceeding under this chapter before trial, the court, upon application made by or |
25 | on behalf of any party to the action, and supported by sworn affidavit, or on its own motion, shall |
26 | order that the mother, child, alleged father, and any other party to the action submit to blood or |
27 | tissue typing tests which may include, but are not limited to, tests of red cell antigens, red cell |
28 | isoenzymes, human leukocyte antigens, serum proteins, DNA and other genetic testing, to |
29 | determine whether the alleged father is likely to be, or is not, the father of the child. The sworn |
30 | affidavit must include a statement alleging paternity and setting forth facts establishing a reasonable |
31 | possibility of sexual contact during the probable period of conception or a statement denying |
32 | paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual |
33 | contact during the probable period of conception. In a proceeding to establish paternity and/or |
34 | support brought pursuant to the Rhode Island state plan for child and spousal support enforcement, |
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1 | in conformance with title IV, part D of the federal Social Security Act, 42 U.S.C. § 651 et seq., if |
2 | the alleged father denies paternity in response to a paternity complaint and provides a sworn |
3 | affidavit as provided in this section, the division of taxation within the department of administration |
4 | shall have the authority to administratively order the parties to attend a blood or tissue typing test |
5 | and schedule blood or tissue typing test for the parties, of the type described in this section, without |
6 | the necessity of making application to the court, and the parties shall attend and submit to a blood |
7 | or tissue typing test under penalty of default in accordance with § 15-8-18.1. |
8 | (b) A blood or tissue typing test shall be made by a person the court determines is qualified |
9 | as an examiner of blood or tissue types. |
10 | (c) The court shall fix or approve the compensation of any expert at a reasonable amount, |
11 | and may direct the compensation to be paid by the state, or by any other party to the case, or by |
12 | both, in the proportions and at the times the court prescribes, and that, after payment by a party, all |
13 | or part or none of the payment shall be taxed as costs in the action. Before the making of a blood |
14 | or tissue typing test, the court may order any part or all of the compensation paid in advance. |
15 | (d) The result of a blood or tissue typing test and, if a determination of exclusion of |
16 | paternity cannot be made, a calculation of the probability of paternity made by a person the court |
17 | determines is qualified as an examiner of blood or tissue types based on the result of a blood or |
18 | tissue typing test shall be admissible in evidence in the trial of the case. A written report of the test |
19 | results, including a calculation of the probability of paternity or a determination of exclusion of |
20 | paternity, prepared by the duly qualified expert conducting the test, or by a duly qualified expert |
21 | under whose supervision or direction the test and analysis have been performed, certified by an |
22 | affidavit duly subscribed and sworn to by him or her before a notary public, may be introduced into |
23 | evidence without the need for foundation testimony or other proof of authenticity or accuracy and |
24 | without the necessity of calling the expert as a witness, unless an objection challenging the test |
25 | procedures or results has been filed within ten (10) days before any hearing at which the results |
26 | may be introduced into evidence and a cash bond posted with the registry of the family court in an |
27 | amount sufficient to cover the costs of the duly qualified expert to appear and testify. |
28 | (e) If the results of the blood or tissue typing tests duly admitted into evidence establish a |
29 | ninety-seven percent (97%) or greater probability of inclusion that a party is the biological father |
30 | of the child, then that probability shall constitute a conclusive presumption of paternity. |
31 | (f) Any reference to "blood test" in this chapter means blood or tissue typing test. |
32 | 15-8-12 -- 15-8-14. Repealed. |
33 | 15-8-15. Evidence relating to paternity. |
34 | Evidence relating to paternity may include: |
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1 | (1) Evidence of sexual intercourse between the mother and alleged father at any possible |
2 | time of conception; |
3 | (2) A written report of blood or tissue typing test results including a calculation of the |
4 | probability of paternity as specified under § 15-8-11; |
5 | (3) Medical or anthropological evidence relating to the alleged father's paternity of the |
6 | child based on tests performed by experts. If a man has been identified as a possible father of the |
7 | child, the court may, and upon motion of a party shall, require the child, the mother, and the man |
8 | to submit to appropriate tests; |
9 | (4) All other evidence relevant to the issue of paternity of the child; and |
10 | (5) Copies of bills for parentage testing, and for prenatal and postnatal health care of the |
11 | mother and child may be introduced into evidence without the need for foundation testimony or |
12 | other proof of authenticity or accuracy and without the necessity of calling the expert as a witness, |
13 | unless an objection challenging the test procedures or results has been filed within ten (10) days |
14 | before any hearing at which the results may be introduced into evidence and a cash bond posted |
15 | with the registry of the family court in an amount sufficient to cover the costs of the duly qualified |
16 | expert or witness to appear and testify. |
17 | 15-8-16. Civil action. |
18 | (a) An action under this chapter is a civil action governed by the rules of civil procedure. |
19 | The mother of the child and the alleged father are competent to testify and may be compelled to |
20 | testify. |
21 | (b) Upon refusal of any witness, including a party, to testify under oath or produce |
22 | evidence, the court may order him or her to testify under oath and produce evidence concerning all |
23 | relevant facts. If the refusal is upon the ground that this, his or her testimony or evidence, might |
24 | tend to incriminate him or her, the court may grant him or her immunity from all criminal liability |
25 | on account of the testimony or evidence that he or she is required to produce. An order granting |
26 | immunity bars prosecution of the witness for any offenses shown in whole or in part by testimony |
27 | or evidence that he or she is required to produce, except for perjury committed in his or her |
28 | testimony. The refusal of a witness, who has been granted immunity, to obey an order to testify or |
29 | produce evidence is a civil contempt of court. |
30 | (c) Testimony of a physician concerning the medical circumstances of the pregnancy and |
31 | the condition and characteristics of the child upon birth is not privileged. |
32 | (d) Testimony relating to sexual access to the mother by an unidentified man at any time |
33 | or by an identified man at a time other than the probable time of conception of the child is |
34 | inadmissible in evidence, unless offered by the mother. |
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1 | (e) In an action against an alleged father, evidence offered by him with respect to a man |
2 | who is not subject to the jurisdiction of the court concerning his sexual intercourse with the mother |
3 | at or about the probable time of conception of the child is admissible in evidence only if he has |
4 | undergone and made available to the court blood or tissue typing tests, the results of which do not |
5 | exclude the possibility of his paternity of the child. A man who is identified and is subject to the |
6 | jurisdiction of the court shall be made a defendant in the action. |
7 | 15-8-17. Hearings and records -- Confidentiality. |
8 | Notwithstanding any other law concerning public hearings and records, any hearing or trial |
9 | held under this chapter shall be held in closed court without admittance of any person other than |
10 | those necessary to the action of the proceeding. All papers and records, other than the final |
11 | judgment pertaining to the action or proceeding, whether part of the permanent record of the court |
12 | or elsewhere, are subject to inspection only upon consent of the court and all interested persons, or |
13 | in exceptional cases only upon an order of the court for good cause shown. |
14 | 15-8-18. Judgments. |
15 | (a) The judgment or order of the court determining the existence or nonexistence of the |
16 | parent and child relationship is determinative for all purposes. |
17 | (b) If the judgment or order of the court is at variance with the child's birth certificate, the |
18 | court shall order that a new birth certificate be issued in accordance with § 15-8-23. |
19 | (c) The judgment or order may contain any other provision directed against the appropriate |
20 | party to the proceeding, concerning the duty of support, the custody and guardianship of the child, |
21 | visitation privileges with the child, or any other matter in the best interest of the child. The judgment |
22 | or order may direct the father to pay the reasonable expenses of the mother's pregnancy and |
23 | confinement. |
24 | (d) Support judgments or orders may be for periodic payments which may vary in amount. |
25 | In determining the amount to be paid by a parent for support of the child and the period during |
26 | which the duty of support is owed, the court shall consider all relevant facts, including: |
27 | (1) The needs of the child; |
28 | (2) The standard of living and circumstances of the parents; |
29 | (3) The relative financial means of the parents; |
30 | (4) The earning ability of the parents; |
31 | (5) The need and capacity of the child for education, including higher education; |
32 | (6) The age of the child; |
33 | (7) The financial resources and the earning ability of the child; |
34 | (8) The responsibility of the parents for the support of others; and |
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1 | (9) The value of services contributed by the custodial parent. |
2 | 15-8-18.1. Entry of default and default judgment. |
3 | (a) In addition to any other basis for entry of default and default judgment provided in the |
4 | rules of procedure for domestic relations, the family court shall enter the defendant's default and a |
5 | judgment by default in a paternity action under this chapter upon the following conditions: |
6 | (1) Failure to respond to the paternity complaint within twenty (20) days, upon proof |
7 | presented that the defendant has been duly served the complaint; |
8 | (2) Failure to appear at a scheduled hearing or trial after being duly notified of the hearing |
9 | or trial, upon proof presented that the defendant has been duly served with notice of the scheduled |
10 | hearing or trial; or |
11 | (3) Failure to appear or refusal to attend blood testing upon proof presented that the |
12 | defendant has been duly notified of the date, time, and place of the testing. |
13 | (b) The court may set aside an entry of default and, if judgment by default has been entered, |
14 | may likewise set it aside, in accordance with the rules of procedure for domestic relations. |
15 | 15-8-19. Judgments -- Enforcement. |
16 | (a) If existence of the father and child relationship is declared, or paternity or a duty of |
17 | support has been acknowledged or adjudicated under this chapter or under prior law, the obligation |
18 | of the father may be enforced in the same or other proceedings by the mother, the child, the public |
19 | authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, |
20 | education, support, or funeral, or by other persons, including a private agency, to the extent that |
21 | they furnished or are furnishing those expenses. |
22 | (b) Willful failure to obey the judgment or order of the court is a civil contempt of the |
23 | court. All remedies for the enforcement of judgments apply. |
24 | 15-8-20. Bond. |
25 | (a) In a proceeding to establish paternity, when the alleged father has submitted to blood |
26 | testing and the blood test results establish a ninety seven percent (97%) or greater probability of |
27 | inclusion that he is the biological father of the child, and upon motion, the court shall, after an |
28 | opportunity for a hearing, issue a temporary order for child support payable into the registry of the |
29 | court and to be held pending entry of judgment. |
30 | (b) In the event of a final adjudication requiring no payment or payments in an amount less |
31 | than those payments which have been made pursuant to a temporary order under this section, the |
32 | alleged father shall be entitled to a refund of all or a portion of the amounts paid. |
33 | (c) The court at any time may require, in addition to the temporary order described in this |
34 | section, the alleged or adjudicated father to give bond or other security for the payment of any |
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1 | judgment which exists or may exist in the future. |
2 | 15-8-21. Settlement agreements. |
3 | An agreement of settlement with the alleged father is binding only when approved by the |
4 | court. |
5 | 15-8-22. False declaration of identity. |
6 | The making of a false complaint as to the identity of the father, or the aiding or abetting in |
7 | the making of a false complaint, shall be punishable with a penalty as for perjury. |
8 | 15-8-23. Birth records. |
9 | (a) Upon order of the family court, the registrar of vital records shall prepare a new birth |
10 | certificate consistent with the findings of the court and shall substitute the new certificate for the |
11 | original certificate of birth. |
12 | (b) The fact that the father and child relationship was declared after the child's birth shall |
13 | not be ascertainable from the new certificate, but the actual place and date of birth shall be shown |
14 | on it. |
15 | 15-8-24. Appeals. |
16 | (a) An appeal in all cases may be taken by the defendant, the mother or her personal |
17 | representative, or the public welfare official from any final order or judgment of the family court, |
18 | upon an action commenced under this chapter, directly to the supreme court within thirty (30) days |
19 | after the entry of the order of judgment. |
20 | (b) No appeal shall operate as a stay of execution unless the defendant shall give the |
21 | security provided for under § 15-8-20, and further security to pay the costs of the appeal. |
22 | 15-8-25. Costs. |
23 | If the court makes an order declaring paternity and for the support and maintenance and |
24 | education of the child, court costs, including the costs of legal services of the attorney representing |
25 | the petitioner, expert witness fees, and all other costs shall be taxed against the defendant. |
26 | 15-8-26. Action to declare mother and child relationship. |
27 | Any interested party may bring an action to determine the existence or nonexistence of a |
28 | mother and child relationship. The provisions of this chapter applicable to the father and child |
29 | relationship shall apply as far as practicable. |
30 | 15-8-27. Voluntary acknowledgement -- Family court practice. |
31 | (a) In any action commenced before the family court, the father may acknowledge his |
32 | paternity of the child with the clerk of the family court. Each acknowledgement must be signed by |
33 | the person filing it and contain: |
34 | (1) The name, social security number, date of birth, and address of the person filing the |
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1 | acknowledgement; |
2 | (2) The name and last known address of the mother of the child; |
3 | (3) The date of birth of the child, or, if the child is unborn, the month and year in which the |
4 | child is expected to be born; and |
5 | (4) The name and address of the presumed father, if any. |
6 | (b) The judge shall hold an informal hearing on the acknowledgement and shall enter an |
7 | order establishing the paternity of the child and an order of support for the child; provided, that |
8 | there are no objections from the natural mother or presumed father filed with the family court prior |
9 | to the date of the informal hearing; and provided, further, that a copy of the acknowledgement and |
10 | a notice of the informal hearing are duly served upon the mother and any presumed father in |
11 | accordance with the rules of procedure for domestic relations. |
12 | (c) The voluntary acknowledgement of paternity shall be recognized by the family court as |
13 | a basis for establishing a child support order for the child without requiring any further proceedings |
14 | to establish paternity. |
15 | 15-8-28. Duty of parents to notify department. |
16 | (a) During the pendency of the paternity proceedings and throughout the duration of the |
17 | child support order, the parents must notify the department of any change in address, phone number |
18 | or place of employment within ten (10) days of the change. |
19 | (b) All notices and pleadings shall be mailed and/or served as appropriate to the most recent |
20 | address of record. |
21 | SECTION 2. Title 15 of the General Laws entitled "DOMESTIC RELATIONS" is hereby |
22 | amended by adding thereto the following chapter: |
23 | CHAPTER 8.1 |
24 | UNIFORM PARENTAGE ACT |
25 | Article 1. Definitions, Scope and General Provisions. |
26 | 15-8.1-101. Short title. |
27 | This chapter shall be known and may be cited as the "Rhode Island Uniform Parentage |
28 | Act". |
29 | 15-8.1-102. Definitions. |
30 | As used in this chapter: |
31 | (1) "Acknowledged parent" means an individual who has established a parent-child |
32 | relationship pursuant to article 3 of this chapter. |
33 | (2) "Adjudicated parent" means an individual who has been adjudicated by a court of |
34 | competent jurisdiction to be a parent of a child. |
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1 | (3) "Alleged genetic parent" means an individual who is alleged to be, or alleges that the |
2 | individual is, a genetic parent or possible genetic parent of a child whose parentage has not been |
3 | adjudicated. The term includes an alleged genetic father and alleged genetic mother. The term does |
4 | not include: |
5 | (i) A presumed parent; |
6 | (ii) A person whose parental rights have been terminated or declared not to exist; or |
7 | (iii) A donor. |
8 | (4) "Assisted reproduction" means a method of causing pregnancy other than through |
9 | sexual intercourse and includes, but is not limited to: |
10 | (i) Intrauterine, intracervical, or vaginal insemination; |
11 | (ii) Donation of gametes; |
12 | (iii) Donation of embryos; |
13 | (iv) In vitro fertilization and transfer of embryos; and |
14 | (v) Intracytoplasmic sperm injection. |
15 | (5) "Birth" includes stillbirth and fetal death. |
16 | (6) “Birth order” means those orders declaring parentage of a child, which may be obtained |
17 | from a court of competent jurisdiction before or after birth of a child. |
18 | (7) "Child" means an individual of any age whose parentage may be determined pursuant |
19 | to this chapter. |
20 | (8) "Determination of parentage" means establishment of a parent-child relationship by a |
21 | judicial or administrative proceeding or signing of a valid acknowledgement of parentage pursuant |
22 | to article 3 of this chapter. |
23 | (9) “Domestic assault” shall include any offense as set forth in § 12-29-2. |
24 | (10) "Donor" means an individual who contributes a gamete or gametes or an embryo or |
25 | embryos to another individual intended for assisted reproduction or gestation, whether or not for |
26 | consideration. This term does not include: |
27 | (i) An individual who gives birth to a child conceived by assisted reproduction except as |
28 | otherwise provided in article 8 of this chapter; or |
29 | (ii) A parent pursuant to article 7 of this chapter or an intended parent pursuant to article 8 |
30 | of this chapter. |
31 | (11) "Embryo" means a cell or group of cells containing a diploid complement of |
32 | chromosomes or a group of such cells, not including a gamete, that has the potential to develop into |
33 | a live born human being if transferred into the body of a person under conditions in which gestation |
34 | may be reasonably expected to occur. |
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1 | (12) "Gamete" means sperm, egg, or any part of a sperm or egg. |
2 | (13) "Gestational carrier" means an adult individual who is not an intended parent and who |
3 | enters into a gestational carrier agreement to bear a child conceived using the gametes of another |
4 | individual and not the gestational carrier’s own, except that an individual who carries a child for a |
5 | family member using the gestational carrier’s own gametes and who fulfills the requirements of |
6 | article 8 of this chapter is a gestational carrier. |
7 | (14) "Gestational carrier agreement" means a contract between an intended parent or |
8 | parents and a gestational carrier intended to result in a live birth. |
9 | (15) "Intended parent" means an individual, whether married or unmarried, who manifests |
10 | an intent to be legally bound as a parent of a child conceived through assisted reproduction or a |
11 | gestational carrier agreement. |
12 | (16) "Marriage" means and includes civil union and any legal relationship that provides |
13 | substantially the same rights, benefits, and responsibilities as marriage and is recognized as valid |
14 | in the state or jurisdiction in which it was entered. |
15 | (17) "Parent" means an individual who has established parentage that meets the |
16 | requirements of this chapter. |
17 | (18) "Parentage" means the legal relationship between a child and a parent as established |
18 | under this chapter. |
19 | (19) "Presumed parent" means a person who is presumed to be the parent of a child under |
20 | § 15-8.1-401, unless the presumption is overcome in a judicial proceeding, a valid denial of |
21 | parentage is made under article 3 of this chapter, or a court adjudicates the individual to be a parent. |
22 | (20) "Record" means information that is inscribed on a tangible medium or that is stored |
23 | in an electronic or other medium and is retrievable in perceivable form. |
24 | (21) “Sexual assault” shall include sexual assault as provided in § 11-37-2, child |
25 | molestation as provided in §§ 11-37-8.1 and 11-37-8.3, and indecent solicitation of a minor as |
26 | provided in § 11-37-8.8, and similar offenses in other jurisdictions. |
27 | (22) “Sexual exploitation” shall include sexual exploitation of a minor as provided in § 11- |
28 | 9-1, sexual abuse of a vulnerable adult as provided in chapter 37 of title 11, and similar offenses in |
29 | other jurisdictions. |
30 | (23) "Sign" means, with the intent to authenticate or adopt a record, to: |
31 | (i) Execute or adopt a tangible symbol; or |
32 | (ii) Attach to or logically associate with the record an electronic symbol, sound, or process. |
33 | (24) "Signatory" means an individual who signs a record. |
34 | (25) "Spouse" includes a partner in a civil union or a partner in a legal relationship that |
| LC003601/SUB B - Page 12 of 45 |
1 | provides substantially the same rights, benefits, and responsibilities as marriage and is recognized |
2 | as valid in the state or jurisdiction in which it was entered. |
3 | (26) "Transfer" means a procedure for assisted reproduction by which an embryo or sperm |
4 | is placed in the body of the individual who will give birth to the child. |
5 | (27) "Witnessed" means that at least one individual is authorized to sign and has signed a |
6 | record to verify that the individual personally observed a signatory sign the record. |
7 | 15-8.1-103. Scope and application. |
8 | (a) This chapter applies to an adjudication and determination of parentage in the state of |
9 | Rhode Island. |
10 | (b) The court shall apply the law of the state of Rhode Island to adjudicate parentage. |
11 | (c) This chapter does not create, enlarge, or diminish parental rights or responsibilities |
12 | under other laws of the state of Rhode Island or the equitable powers of the courts, except as |
13 | provided in this chapter. |
14 | 15-8.1-104. Parentage proceeding. |
15 | (a) A proceeding to adjudicate the parentage of a child shall be maintained in accordance |
16 | with this chapter and with the family court rules of domestic relations procedure and/or the rules |
17 | of juvenile proceedings, except that proceedings for orders of parentage, pursuant to § 15-8.1-804, |
18 | may be maintained in accordance with the superior court rules of civil procedure. |
19 | (b) If a complaint is brought by the office of child support services, the complaint shall be |
20 | accompanied by an affidavit of the parent whose rights have been assigned. In cases where the |
21 | assignor is not a genetic parent or is a genetic parent who refuses to provide an affidavit, the |
22 | affidavit may be submitted by the office of child support services, but the affidavit alone shall not |
23 | support a default judgment on the issue of parentage. |
24 | (c) Original actions to adjudicate parentage may be commenced in the family court, except |
25 | that proceedings for orders of parentage under § 15-8.1-804, may be commenced in either the |
26 | family court or the superior court. |
27 | (d) There shall be no right to a jury trial in an action to determine parentage. |
28 | (e) An individual who is a party to a parentage action shall disclose that individual’s social |
29 | security number to the court. The social security number of an individual subject to a parentage |
30 | adjudication shall be placed in the court records relating to the adjudication. The court shall disclose |
31 | an individual’s social security number to the office of child support. |
32 | 15-8.1-105. Standing to maintain proceeding. |
33 | (a) Subject to other provisions of this chapter, a proceeding to adjudicate parentage may be |
34 | maintained by: |
| LC003601/SUB B - Page 13 of 45 |
1 | (1) The child; |
2 | (2) The individual who gave birth to the child unless a court has adjudicated that the |
3 | individual is not a parent or the individual is a gestational carrier who is not a parent under article |
4 | 8 of this chapter; |
5 | (3) An individual whose parentage is to be adjudicated; |
6 | (4) An individual who is a parent under this chapter; |
7 | (5) The office of child support services; or |
8 | (6) A representative authorized by law to act for an individual who would otherwise be |
9 | entitled to maintain a proceeding but who is deceased, incapacitated, or a minor. |
10 | (b) A foster parent does not have standing under this chapter to establish parentage based |
11 | solely on their status as a foster parent. |
12 | 15-8.1-106. Notice of proceeding. |
13 | (a) Except as provided in subsections (d) and (e) of this section, an individual filing a |
14 | proceeding to adjudicate parentage pursuant to this chapter shall give notice of the proceeding to |
15 | adjudicate parentage to the following: |
16 | (1) The individual who gave birth to the child unless a court has adjudicated that the |
17 | individual is not a parent; |
18 | (2) An individual who is a parent of the child under this chapter; |
19 | (3) A presumed, acknowledged, or adjudicated parent of the child; |
20 | (4) A person whose parentage of the child is to be adjudicated; and |
21 | (5) The office of child support services, in cases in which either party is a recipient of |
22 | public assistance benefits from the department of human services and has assigned the right to child |
23 | support, or in cases in which either party has requested the services of the office of child support |
24 | services. |
25 | (b) An individual entitled to notice under subsection (a) of this section and the office of |
26 | child support services, where the office is involved pursuant to subsection (a)(5) of this section, has |
27 | a right to intervene in the proceeding. |
28 | (c) Lack of notice required under subsection (a) of this section shall not render a judgment |
29 | void. Lack of notice shall not preclude an individual entitled to notice under subsection (a) of this |
30 | section from bringing a proceeding pursuant to this chapter. |
31 | (d) Notice of complaints for orders of parentage under § 15-8.1-804 shall be as required in |
32 | § 15-8.1-804. |
33 | (e) Donors, as defined in § 15-8.1-102, are not entitled to notice. |
34 | 15-8.1-107. Personal jurisdiction. |
| LC003601/SUB B - Page 14 of 45 |
1 | (a) An individual shall not be adjudicated a parent unless the court has personal jurisdiction |
2 | over the individual. |
3 | (b) A court having jurisdiction to adjudicate parentage may exercise personal jurisdiction |
4 | over a nonresident individual, or the guardian or conservator of the individual, if the conditions |
5 | prescribed for actions regarding interstate child support, pursuant to § 15-23.1-201 of the Uniform |
6 | Interstate Family Support Act, are fulfilled. |
7 | (c) Lack of jurisdiction over one person does not preclude the court from making an |
8 | adjudication of parentage binding on another individual over whom the court has personal |
9 | jurisdiction. |
10 | 15-8.1-108. Venue. |
11 | Venue for a proceeding to adjudicate parentage shall be in the county in which: |
12 | (1) The child resides or is present or, for purposes of article 7 or 8 of this chapter, is or will |
13 | be born; |
14 | (2) Any parent or intended parent resides; |
15 | (3) The respondent resides or is present if the child does not reside in this state; |
16 | (4) A proceeding for probate or administration of the parent or alleged parent’s estate has |
17 | been commenced; or |
18 | (5) A child protection proceeding with respect to the child has been commenced. |
19 | 15-8.1-109. Joinder of proceedings. |
20 | (a) Except as otherwise provided in subsection (b) of this section, a proceeding to |
21 | adjudicate parentage may be joined with a proceeding for parental rights and responsibilities, |
22 | parent-child contact, child support, child protection, termination of parental rights, divorce, |
23 | annulment, legal separation, guardianship, probate or administration of an estate or other |
24 | appropriate proceeding, or a challenge or rescission of acknowledgment of parentage. Such |
25 | proceedings shall be in the family court. |
26 | (b) A respondent may not join a proceeding set forth in subsection (a) of this section with |
27 | a proceeding to adjudicate parentage brought as part of an interstate child support enforcement |
28 | action under § 15-23.1-201 of the Uniform Interstate Family Support Act. |
29 | 15-8.1-110. Orders. |
30 | (a) In a proceeding under this chapter, the court may issue an interim order for support of |
31 | a child in accordance with the child support guidelines under § 15-5-16.2 and as established by the |
32 | family court with respect to an individual who is: |
33 | (1) A presumed, acknowledged, or adjudicated parent of the child; |
34 | (2) Petitioning to have parentage adjudicated; |
| LC003601/SUB B - Page 15 of 45 |
1 | (3) Identified as the genetic parent through genetic testing under article 6 of this chapter; |
2 | (4) An alleged genetic parent who has declined to submit to genetic testing; |
3 | (5) Shown by a preponderance of evidence to be a parent of the child; |
4 | (6) The individual who gave birth to the child, other than a gestational carrier; or |
5 | (7) A parent under this chapter. |
6 | (b) In a proceeding under this chapter, the court may make an interim order regarding |
7 | parental rights and responsibilities on a temporary basis. |
8 | (c) Final orders concerning child support or parent rights and responsibilities shall be |
9 | governed by title 15. |
10 | 15-8.1-111. Admission of parentage authorized. |
11 | (a) A respondent in a proceeding to adjudicate parentage may admit parentage of a child |
12 | when making an appearance or during a hearing in a proceeding involving the child or by filing a |
13 | pleading to such effect. An admission of parentage pursuant to this section is different from an |
14 | acknowledgment of parentage, as provided in article 3 of this chapter. |
15 | (b) If the court finds an admission to be consistent with the provisions of this chapter and |
16 | rejects any objection filed by another party, the court may issue an order adjudicated the child to |
17 | be the child of the individual admitting parentage. |
18 | 15-8.1-112. Order on default. |
19 | The court may issue an order adjudicating the parentage of an individual who is in default, |
20 | provided that: |
21 | (1) The individual was served with notice of the proceeding; and |
22 | (2) The individual is found by the court to be the parent of the child based on a |
23 | preponderance of the evidence. |
24 | 15-8.1-113. Order adjudicating parentage. |
25 | (a) In a proceeding under this chapter, the court shall issue a final order adjudicating |
26 | whether a person alleged or claiming to be a parent is the parent of a child. |
27 | (b) A final order under subsection (a) of this section, shall identify the child by name and |
28 | date of birth. |
29 | (c) On request of a party and for good cause shown, the court may order that the name of |
30 | the child be changed. |
31 | (d) If the final order under subsection (a) of this section, is at variance with the child’s birth |
32 | certificate, the department of health, division of vital statistics, shall issue an amended birth |
33 | certificate. |
34 | 15-8.1-114. Binding effect of determination of parentage. |
| LC003601/SUB B - Page 16 of 45 |
1 | (a) Except as otherwise provided in subsection (b) of this section, a determination of |
2 | parentage shall be binding on: |
3 | (1) All signatories to an acknowledgment form of parentage or denial of parentage, as |
4 | provided in article 3 of this chapter; and |
5 | (2) All parties to an adjudication by a court acting under circumstances that satisfy the |
6 | jurisdictional requirements of § 15-8.1-107. |
7 | (b) In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication |
8 | of the parentage of a child if: |
9 | (1) The court acts under circumstances that satisfy the jurisdictional requirements of § 15- |
10 | 8.1-107; and |
11 | (2) The final order: |
12 | (i) Expressly identified a child as a "child of the marriage" or "issue of the marriage" or by |
13 | similar words indicates that the parties are the parents of the child; or |
14 | (ii) Provides for support of the child by the parent or parents. |
15 | (c) Except as otherwise provided in this chapter, a determination of parentage shall be a |
16 | defense in a subsequent proceeding seeking to adjudicate parentage by a person who was not a |
17 | party to the earlier proceeding. |
18 | (d) Appeal of adjudication. |
19 | (1) A party to an adjudication of parentage or a party who received notice under § 15-8.1- |
20 | 106, may challenge the adjudication only by appeal or in a manner otherwise consistent with the |
21 | rules governing a collateral attack on a judgment. |
22 | (2) An individual who has standing under § 15-8.1-105, but who did not receive notice of |
23 | the adjudication of parentage under § 15-8.1-106, and was not a party to the adjudication, may |
24 | challenge the adjudication within two (2) years after the effective date of the adjudication. The |
25 | court, in its discretion, shall permit the proceeding only if it finds that it is in the best interests of |
26 | the child. If the court permits the proceeding, the court shall adjudicate parentage under § 15-8.1- |
27 | 206. |
28 | (e) An appeal of an acknowledgment by a nonsignatory shall be provided in article 3 of |
29 | this chapter. |
30 | (f) A child shall not be bound by a determination of parentage under this chapter unless: |
31 | (1) The determination was based on an unrescinded acknowledgment of parentage and the |
32 | acknowledgment is consistent with the results of genetic testing; |
33 | (2) The determination was based on a finding consistent with the results of genetic testing; |
34 | (3) The determination of parentage was made under article 7 or 8 of this chapter; or |
| LC003601/SUB B - Page 17 of 45 |
1 | (4) The child was a party or was represented by an attorney, guardian ad litem, or similar |
2 | individual in the proceeding in which the child’s parentage was adjudicated. |
3 | 15-8.1-115. Full faith and credit. |
4 | This state shall give full faith and credit to a determination of parentage and to an |
5 | acknowledgment of parentage from another state if the determination or acknowledgment is valid |
6 | and effective in accordance with the law of the other state. |
7 | Article 2. Establishment of Parentage. |
8 | 15-8.1-201. Recognized parents. |
9 | A person may establish parentage by any of the following: |
10 | (1) Giving birth to the child, except as otherwise provided in article 8 of this chapter; |
11 | (2) Adoption of the child pursuant to chapter 7 of title 15; |
12 | (3) An effective voluntary acknowledgment of parentage under article 3 of this chapter; |
13 | (4) An adjudication of parentage under this chapter, including adjudications based on an |
14 | admission of parentage under § 15-8.1-111; |
15 | (5) A presumption of parentage under article 4 of this chapter, unless the presumption is |
16 | overcome in a judicial proceeding or a valid denial of parentage is made under article 3 of this |
17 | chapter. |
18 | (6) An adjudication of de facto parentage under article 5 of this chapter; |
19 | (7) An adjudication that an alleged genetic parent is a parent under article 6 of this chapter; |
20 | (8) Consent to assisted reproduction under article 7 of this chapter; or |
21 | (9) Establishment of parentage under article 8 of this chapter. |
22 | 15-8.1-202. Nondiscrimination. |
23 | Every child has the same rights under law as any other child without regard to the marital |
24 | status or gender of the parents or the circumstances of the birth of the child. |
25 | 15-8.1-203. Consequences of establishment of parentage. |
26 | Unless parentage has been terminated by a court order or an exception has been stated |
27 | explicitly in this chapter, parentage established under this chapter applies for all purposes, including |
28 | the rights and duties of parentage under the law. |
29 | 15-8.1-204. Determination of maternity and paternity. |
30 | Provisions of this chapter relating to determination of paternity may apply to determination |
31 | of maternity as needed to determine parentage consistent with this chapter. |
32 | 15-8.1-205. No limitation on child. |
33 | Nothing in this chapter limits the right of a child to bring an action to adjudicate parentage. |
34 | 15-8.1-206. Adjudicating competing claims of parentage. |
| LC003601/SUB B - Page 18 of 45 |
1 | (a) In a proceeding to adjudicate competing claims of parentage or challenges to a child’s |
2 | parentage by two (2) or more persons, the court shall adjudicate parentage in the best interests of |
3 | the child, based on the following factors: |
4 | (1) The age of the child; |
5 | (2) The length of time during which each individual assumed the role of parent of the child; |
6 | (3) The nature of the relationship between the child and each individual; |
7 | (4) The harm to the child if the relationship between the child and each individual is not |
8 | recognized; |
9 | (5) The basis for each individual’s claim to parentage of the child; |
10 | (6) Other considerations arising from the disruption of the relationship between the child |
11 | and each individual or the likelihood of other harm to the child; and |
12 | (7) Other equitable factors that the court deems relevant to the child’s best interests. |
13 | (b) If a person challenges parentage based on the results of genetic testing, in addition to |
14 | the factors listed in subsection (a) of this section, the court shall consider: |
15 | (1) The facts surrounding the discovery the individual might not be the genetic parent of |
16 | the child; and |
17 | (2) The length of time between that of the time the individual was placed on notice that the |
18 | individual might not be a genetic parent and the commencement of the proceeding. |
19 | Article 3. Voluntary Acknowledgment of Parentage. |
20 | 15-8.1-301. Acknowledgment of parentage. |
21 | (a) The following individuals may sign an acknowledgment of parentage to establish |
22 | parentage of a child: |
23 | (1) An individual who gave birth to the child; |
24 | (2) An individual who is the alleged genetic parent of the child; |
25 | (3) An individual who is an intended parent of the child under § 15-8.1-703; and |
26 | (4) A presumed parent under article 4 of this chapter. |
27 | (b) The acknowledgment shall be signed by both the individual who gave birth to the child |
28 | and by the individual seeking to establish a parent-child relationship and shall be witnessed and |
29 | signed by at least one other individual and shall contain the following provisions: |
30 | (1) A statement that the child whose parentage is being acknowledged does not have a |
31 | presumed parent other than the individual seeking to establish the parent-child relationship or has |
32 | a presumed parent whose full name is stated and does not have another acknowledged, adjudicated |
33 | or intended parent under Articles 7 and 8 of this chapter other than the individual who gave birth |
34 | to the child. |
| LC003601/SUB B - Page 19 of 45 |
1 | (2) A statement that the signatories understand that the acknowledgment is the equivalent |
2 | of an adjudication of parentage of the child and that a challenge to the acknowledgment is permitted |
3 | only under limited circumstances and is barred two (2) years after the effective date of the |
4 | acknowledgment unless there is another presumed parent or genetic parent who could not |
5 | reasonably have known about the birth of the child and commences a proceeding under this section |
6 | within two (2) years after learning of the child's birth. |
7 | 15-8.1-302. Acknowledgment of parentage void. |
8 | An acknowledgment of parentage shall be void if, at the time of signing: |
9 | (1) An individual other than the individual seeking to establish parentage is a presumed |
10 | parent, unless a denial of parentage in a signed record has been filed with the state registrar for vital |
11 | records; or |
12 | (2) An individual, other than the individual who gave birth, is an acknowledged or |
13 | adjudicated parent, or an intended parent under article 7 or 8 of this chapter. |
14 | 15-8.1-303. Denial of Parentage. |
15 | (a) An individual presumed to be a parent or an alleged genetic parent may sign a denial of |
16 | parentage only in the limited circumstances set forth in this section. |
17 | (b) A denial of parentage shall be valid only if: |
18 | (1) An acknowledgment of parentage by another individual has been filed pursuant to this |
19 | chapter; |
20 | (2) The denial is in a record and is witnessed and signed by at least one other individual; |
21 | and |
22 | (3) The presumed or alleged genetic parent executing the denial has not previously: |
23 | (i) Acknowledged parentage, unless the previous acknowledgment has been rescinded |
24 | pursuant to § 15-8.1-307, or successfully challenged the acknowledgment pursuant to § 15-8.1- |
25 | 308; or |
26 | (ii) Been adjudicated to be the parent of the child. |
27 | 15-8.1-304. Conditions for acknowledgment or denial of parentage. |
28 | (a) Completed forms for acknowledgment of parentage and denial of parentage shall be |
29 | filed with the state registrar for vital records. |
30 | (b) An acknowledgment of parentage or denial of parentage may be signed before or after |
31 | the birth of a child. |
32 | (c) An acknowledgment of parentage or denial of parentage takes effect on the date of the |
33 | birth of the child or the filing of the document with the department of vital records, whichever |
34 | occurs later. |
| LC003601/SUB B - Page 20 of 45 |
1 | (d) An acknowledgment of parentage or denial of parentage signed by a minor shall be |
2 | valid provided it is otherwise in compliance with this chapter. |
3 | 15-8.1-305. Equivalent to adjudication, no ratification required. |
4 | (a) Except as otherwise provided in §§ 15-8.1-307 and 15-8.1-308, a valid acknowledgment |
5 | of parentage under § 15-8.1-301, filed with the department of vital records, is equivalent to an |
6 | adjudication of parentage of a child and confers upon the acknowledged parent all of the rights and |
7 | duties of a parent. |
8 | (b) Judicial or administrative ratification is neither permitted nor required for an |
9 | unrescinded or unchallenged acknowledgment of parentage. |
10 | (c) Except as otherwise provided in §§ 15-8.1-307 and 15-8.1-308, a valid denial of |
11 | parentage under § 15-8.1-303, filed with the department of vital records, in conjunction with a valid |
12 | acknowledgment of parentage under § 15-8.1-301, is equivalent to an adjudication of the non- |
13 | parentage of the presumed parent or alleged genetic parent and discharges the presumed parent or |
14 | alleged genetic parent from all rights and duties of a parent. |
15 | (d) A signatory of an acknowledgment of parentage may rescind or challenge the |
16 | acknowledgment in accordance with §§ 15-8.1-307 through 15-8.1-309. |
17 | 15-8.1-306. Waiver of filing Fee. |
18 | If an acknowledgment of parentage or denial of parentage is filed at a hospital, |
19 | contemporaneously with birth, the department of health shall not charge a filing fee. |
20 | 15-8.1-307. Timing of rescission. |
21 | (a) A signatory may rescind an acknowledgment of parentage or denial of parentage under |
22 | this chapter by commencing a court proceeding before the earlier of: |
23 | (1) Sixty (60) days after the effective date of the acknowledgment or denial, as provided in |
24 | § 15-8.1-304; or |
25 | (2) The date of the first hearing before a court in a proceeding, to which the signatory is a |
26 | party, to adjudicate an issue relating to the child, including a proceeding that establishes child |
27 | support. |
28 | (b) If an acknowledgment of parentage is rescinded under this section, any associated |
29 | denial of parentage becomes invalid, and the department of human services shall notify: |
30 | (1) The individual who gave birth to the child; |
31 | (2) Any individual who signed a denial of parentage of the child; and |
32 | (3) The department of vital records that the acknowledgment of parentage has been |
33 | rescinded. Failure to provide notice as required by this section does not affect the validity of the |
34 | rescission. |
| LC003601/SUB B - Page 21 of 45 |
1 | 15-8.1-308. Challenge to acknowledgment after expiration of period for rescission. |
2 | (a) After the period for rescission under § 15-8.1-307 has expired, a signatory of an |
3 | acknowledgment of parentage or denial of parentage may commence a proceeding to challenge the |
4 | acknowledgment or denial only: |
5 | (1) On the basis of fraud, duress, coercion, threat of harm, or material mistake of fact; and |
6 | (2) Within two (2) years after the acknowledgment or denial is effective in accordance with |
7 | § 15-8.1-304. |
8 | (b) If an acknowledgment of parentage has been made in accordance with this chapter, an |
9 | individual who is neither the child nor a signatory to the acknowledgment who seeks to challenge |
10 | the validity of the acknowledgment and adjudicate parentage shall commence a proceeding within |
11 | two (2) years after the effective date of the acknowledgment unless the individual did not know |
12 | and could not reasonably have known of the individual’s potential parentage due to a material |
13 | misrepresentation or concealment, in which case the proceeding shall be commenced within two |
14 | (2) years after the discovery of the individual’s potential parentage. An individual under this section |
15 | who seeks to challenge the validity of an acknowledgment and adjudicate parentage must have |
16 | standing under § 15-8.1-105. The court may permit the proceeding only if the court finds that the |
17 | proceeding is in the best interests of the child. If the court permits the proceeding, the court shall |
18 | adjudicate parentage under § 15-8.1-206. |
19 | (c) An individual challenging an acknowledgment of parentage or denial of parentage |
20 | pursuant to this section has the burden of proof by clear and convincing evidence. |
21 | (d) A court proceeding in which the validity of an acknowledgment of parentage is |
22 | challenged shall be consolidated with any other pending court actions regarding the child. |
23 | 15-8.1-309. Procedure for rescission or challenge. |
24 | (a) Every signatory to an acknowledgment of parentage and any related denial of parentage |
25 | shall be made a party to a proceeding to judicially rescind an acknowledgment under § 15-8.1- |
26 | 307(a) or a challenge to the acknowledgment or denial under § 15-8.1-308. |
27 | (b) For the purposes of a judicial rescission under § 15-8.1-307(a) or a challenge to an |
28 | acknowledgment of parentage or denial of parentage under § 15-8.1-308, a signatory submits to |
29 | personal jurisdiction of this state by signing the acknowledgment or denial, effective upon the filing |
30 | of the document with the department of vital records pursuant to § 15-8.1-304. |
31 | (c) Except for good cause shown, during the pendency of a proceeding to judicially rescind |
32 | under § 15-8.1-307(a) or challenge an acknowledgment of parentage or denial of parentage under |
33 | § 15-8.1-308, the court shall not suspend the legal responsibilities of a signatory arising from the |
34 | acknowledgment, including the duty to pay child support. |
| LC003601/SUB B - Page 22 of 45 |
1 | (d) A proceeding to challenge an acknowledgment of parentage or denial of parentage |
2 | under § 15-8.1-308 shall be conducted as a proceeding to adjudicate parentage pursuant to article |
3 | 1 of this chapter. |
4 | (e) At the conclusion of a proceeding to rescind or challenge an acknowledgment of |
5 | parentage or denial of parentage, the court shall order the department of vital records to amend the |
6 | birth record of the child, if appropriate. |
7 | 15-8.1-310. Forms for acknowledgment and denial of parentage. |
8 | (a) The department of vital records shall develop an acknowledgment of parentage form |
9 | and denial of parentage form for execution of parentage under this chapter. |
10 | (b) The acknowledgment of parentage form shall provide notice of the alternatives to, the |
11 | legal consequences of, and the rights and responsibilities that arise from signing the |
12 | acknowledgment and shall state that: |
13 | (1) There is no other presumed parent of the child or, if there is another presumed parent, |
14 | shall state that parent’s full name; |
15 | (2) There is no other acknowledged parent, adjudicated parent, or individual who is an |
16 | intended parent under articles 7 or 8 of this chapter other than the individual who gave birth to the |
17 | child; and |
18 | (3) The signatories understand that the acknowledgment is the equivalent of a court |
19 | adjudication of parentage of the child and that a challenge to the acknowledgment is permitted only |
20 | under limited circumstances. |
21 | (c) A valid acknowledgment of parentage or denial of parentage is not affected by a later |
22 | modification of the prescribed form. |
23 | 15-8.1-311. Release of information. |
24 | The department of health may release information relating to an acknowledgment of |
25 | parentage under § 15-8.1-301, as set forth in § 23-3-23. |
26 | 15-8.1-312. Adoption of rules. |
27 | The department of health shall promulgate rules and regulation to implement this chapter. |
28 | Article 4. Presumed Parentage. |
29 | 15-8.1-401. Presumption of parentage. |
30 | (a) Except as otherwise provided in this chapter, an individual is presumed to be a parent |
31 | of a child if: |
32 | (1) The individual and the individual who gave birth to the child are married to each other |
33 | and the child is born during the marriage; |
34 | (2) The individual and the individual who gave birth to the child were married to each other |
| LC003601/SUB B - Page 23 of 45 |
1 | and the child is born not later than three hundred (300) days after the marriage is terminated by |
2 | death, annulment, declaration of invalidity, divorce, or dissolution; |
3 | (3) The individual and the individual who gave birth to the child married each other after |
4 | the birth of the child and the individual at any time asserted parentage of the child and the individual |
5 | agreed to be and is named as a parent of the child on the birth certificate of the child; or |
6 | (4) The individual resided in the same household with the child, and the individual and |
7 | another parent of the child openly held out the child as that person’s own from the time the child |
8 | was born or adopted and for a period of two (2) years thereafter, including periods of temporary |
9 | absence, and assumed personal, financial or custodial responsibilities for the child. |
10 | (b) A presumption of parentage shall be rebuttable and may be overcome, and competing |
11 | claims to parentage resolved only by court order under this chapter or a valid denial of parentage |
12 | pursuant to article 3 of this chapter. |
13 | (c) A presumed parent shall be established as a legal parent by the execution of a valid |
14 | voluntary acknowledgement of parentage under article 3, by an adjudication of parentage under |
15 | this chapter or as otherwise provided in this article. |
16 | 15-8.1-402. Challenge to presumed parent. |
17 | (a) Except as provided in subsection (b) of this section, a proceeding to challenge the |
18 | parentage of an individual whose parentage is presumed under § 15-8.1-401, shall be commenced |
19 | within two (2) years after the birth of the child. |
20 | (b) A proceeding to challenge the parentage of an individual whose parentage is presumed |
21 | under § 15-8.1-401, may be commenced two (2) years or more after the birth of the child in the |
22 | following circumstances: |
23 | (1) A presumed parent who is not the genetic parent of a child and who could not |
24 | reasonably have known about the birth of the child may commence a proceeding under this section |
25 | within two (2) years after learning of the child’s birth. |
26 | (2) An alleged genetic parent who did not know of the potential genetic parentage of a child |
27 | and who could not reasonably have known on account of material misrepresentation or concealment |
28 | may commence a proceeding under this section within two (2) years after discovering the potential |
29 | genetic parentage. |
30 | If the person is adjudicated to be the genetic parent of the child, the court may not |
31 | disestablish a presumed parent. |
32 | (3) Regarding a presumption under § 15-8.1-401(a)(4), another parent of the child may |
33 | challenge a presumption of parentage if that parent openly held out the child as the presumptive |
34 | parent’s child due to duress, coercion, or threat of harm. Evidence of duress, coercion, or threat of |
| LC003601/SUB B - Page 24 of 45 |
1 | harm may include whether within the prior ten (10) years, the person presumed to be a parent |
2 | pursuant to § 15-8.1-401(a)(4), has been convicted of domestic assault, sexual assault, or sexual |
3 | exploitation of the child or another parent of the child, was subject to a final abuse protection order |
4 | pursuant to chapter 15 of title 15, because the person was found to have committed abuse against |
5 | the child or another parent of the child, or was substantiated for abuse against the child or another |
6 | parent of the child pursuant to § 11-9-5.3. |
7 | (c) Challenges under this subsection shall be addressed pursuant to §15-8.1-206. |
8 | 15-8.1-403. Multiple presumptions or conflicting claims. |
9 | (a) If two (2) or more conflicting presumptions arise under this chapter, the court shall |
10 | adjudicate parentage pursuant to § 15-8.1-206. |
11 | (b) If in a proceeding to adjudicate a presumed parent’s parentage of a child, another |
12 | individual, in addition to the individual who gave birth to the child, asserts a claim to parentage of |
13 | the child, the court shall adjudicate parentage pursuant to § 15-8.1-206. |
14 | Article 5. De Facto Parentage |
15 | 15-8.1-501. Adjudication. |
16 | (a)(1) In a proceeding to adjudicate the parentage of an individual who claims to be a de |
17 | facto parent of the child, if there is only one other individual who is a parent or has a claim to |
18 | parentage of the child, the court shall adjudicate the individual who claims to be a de facto parent |
19 | to be a parent of the child if the individual demonstrates by clear and convincing evidence that: |
20 | (i) The individual resided with the child as a regular member of the child’s household for |
21 | a significant period of time; |
22 | (ii) The individual engaged in consistent caretaking of the child; |
23 | (iii) The individual undertook full and permanent responsibilities of a parent of the child |
24 | without expectation of financial compensation; |
25 | (iv) The individual held out the child as the person’s child; |
26 | (v) The individual established a bonded and dependent relationship with the child which is |
27 | parental in nature; |
28 | (vi) The individual and another parent of the child fostered or supported the bonded and |
29 | dependent relationship required under subsection (a)(1)(v) of this section; and |
30 | (vii) Continuing the relationship between the individual and the child is in the best interests |
31 | of the child. |
32 | (2) A parent of the child may use evidence of duress, coercion, or threat of harm to contest |
33 | an allegation that the parent fostered or supported a bonded and dependent relationship as provided |
34 | in subsection (a)(1)(vi) of this section. |
| LC003601/SUB B - Page 25 of 45 |
1 | Such evidence may include whether within the prior ten (10) years, the individual seeking |
2 | to be adjudicated a de facto parent has been convicted of domestic assault, sexual assault, or sexual |
3 | exploitation of the child or another parent of the child, was subject to a final abuse protection order |
4 | pursuant to chapter 15 of title 15, because the individual was found to have committed abuse against |
5 | the child or another parent of the child, or was substantiated for abuse against the child or another |
6 | parent of the child pursuant to chapter 11 of title 40. |
7 | (b) In a proceeding to adjudicate the parentage of an individual who claims to be a de facto |
8 | parent of the child, if there is more than one other individual who is a parent or has a claim to |
9 | parentage of the child and the court determines that the requirements of subsection (a) of this section |
10 | are met by clear and convincing evidence, the court shall adjudicate parentage under § 15-8.1-206, |
11 | subject to other applicable limitations in this chapter. |
12 | (c) The adjudication of an individual as a de facto parent under this chapter does not |
13 | disestablish the parentage of any other parent. |
14 | 15-8.1-502. Complaint. |
15 | (a) An individual seeking to be adjudicated a de facto parent of a child shall file a complaint |
16 | with the family court before the child reaches eighteen (18) years of age. Both the individual |
17 | seeking to be adjudicated a de facto parent and the child must be alive at the time of the filing. The |
18 | complaint shall include a verified affidavit alleging facts to support the existence of a de facto |
19 | parent relationship with the child. The complaint and affidavit shall be served on all parents and |
20 | legal guardians of the child and any other party to the proceeding. |
21 | (b) An adverse party, parent, or legal guardian may file a pleading and verified affidavit in |
22 | response to the petition that shall be served on all parties to the proceeding. |
23 | (c) The court shall determine on the basis of the pleadings and affidavits whether the person |
24 | seeking to be adjudicated a de facto parent has presented prima facie evidence of the criteria for de |
25 | facto parentage as provided in § 15-8.1-501(a) and, therefore, has standing to proceed with a |
26 | parentage action. The court, in its sole discretion, may hold a hearing to determine disputed facts |
27 | that are necessary and material to the issue of standing. |
28 | (d) The court may enter an interim order concerning contact between the child and an |
29 | individual with standing seeking adjudication under this chapter as a de facto parent of the child. |
30 | Article 6. Genetic Parentage |
31 | 15-8.1-601. Scope. |
32 | This chapter governs procedures and requirements of genetic testing and genetic testing |
33 | results of an individual to determine parentage and adjudication of parentage based on genetic |
34 | testing, whether the individual voluntarily submits to testing or is tested pursuant to an order of the |
| LC003601/SUB B - Page 26 of 45 |
1 | court or an administrative agency. |
2 | Genetic testing shall not be used to challenge the parentage of an individual who is a parent |
3 | under articles 7 or 8 of this chapter or to establish the parentage of an individual who is a donor. |
4 | 15-8.1-602. Requirements for genetic testing. |
5 | Genetic testing shall be of a type reasonably relied upon by scientific and medical experts |
6 | in the field of genetic testing and performed in a testing laboratory accredited by a national |
7 | association of blood banks or an accrediting body designated by the secretary of the U.S. |
8 | Department of Health and Human Services (HHS). |
9 | 15-8.1-603. Authority to order or deny genetic testing. |
10 | (a) Except as otherwise provided in this chapter, in a proceeding pursuant to this chapter |
11 | to determine parentage, the court shall order the child and any other individual to submit to genetic |
12 | testing if a request for testing is supported by the sworn statement of a party: |
13 | (1) Alleging a reasonable possibility that the individual is the child’s genetic parent; or |
14 | (2) Denying genetic parentage of the child and stating facts establishing a reasonable |
15 | possibility that the individual is not a genetic parent. |
16 | (b) Prior to a proceeding to establish genetic parentage and/or support in conformance with |
17 | the state’s obligations under Chapter IV, Part D of the federal Social Security Act, 42 U.S.C. § 651 |
18 | et seq., if the alleged genetic parent in response to a complaint supported by a sworn affidavit, filed |
19 | by the office of child support services, denies parentage, the office of child support services shall |
20 | have the authority to administratively order the parties to undergo genetic testing as described |
21 | above, without the necessity of making application to the court, and the parties shall attend and |
22 | submit to genetic testing under penalty of default. |
23 | (c) The office of child support services may order genetic testing only if there is no |
24 | presumed, acknowledged, or adjudicated parent of a child other than the individual who gave birth |
25 | to the child. |
26 | (d) The court or office of child support services shall not order in utero genetic testing. |
27 | (e) If two (2) or more individuals are subject to court-ordered genetic testing, the court may |
28 | order that testing be completed concurrently or sequentially. |
29 | (f) Genetic testing of an individual who gave birth to a child is not a condition precedent |
30 | to testing of the child and an individual whose genetic parentage of the child is being determined. |
31 | If the individual who gave birth is unavailable or declines to submit to genetic testing, the court |
32 | may order genetic testing of the child and each individual whose genetic parentage of the child is |
33 | being adjudicated. |
34 | (g) In a proceeding to adjudicate parentage of a child having an acknowledged, adjudicated, |
| LC003601/SUB B - Page 27 of 45 |
1 | de facto, presumed parent or intended parent, the court may deny a motion seeking an order for |
2 | genetic testing or deny admissibility of the test results at trial if it determines that: |
3 | (1) The conduct of the parties estops a party from denying parentage; or |
4 | (2) It would be an inequitable interference with the relationship between the child and an |
5 | acknowledged, adjudicated, de facto, presumed, or intended parent, or would otherwise be contrary |
6 | to the best interests of the child as provided in subsection (h) of this section. |
7 | (h) In determining whether to deny a motion seeking an order for genetic testing under this |
8 | chapter or a request for admission of such test results at trial, the court shall consider the best |
9 | interests of the child, including the following factors, if relevant: |
10 | (1) The length of time between the proceeding to adjudicate parentage and the time that a |
11 | parent was placed on notice that genetic parentage is at issue; |
12 | (2) The length of time during which the parent has assumed a parental role for the child; |
13 | (3) The facts surrounding discovery that genetic parentage is at issue; |
14 | (4) The nature of the relationship between the child and the parent; |
15 | (5) The age of the child; |
16 | (6) Any adverse effect on the child that may result if parentage is successfully disproved; |
17 | (7) The nature of the relationship between the child and any alleged parent; |
18 | (8) The extent to which the passage of time reduces the chances of establishing the |
19 | parentage of another individual and a child support obligation in favor of the child; and |
20 | (9) Any additional factors that may affect the equities arising from the disruption of the |
21 | relationship between the child and the parent or the chance of an adverse effect on the child. |
22 | 15-8.1-604. Genetic testing results. |
23 | (a) An individual shall be identified as a genetic parent of a child if the genetic testing of |
24 | the individual complies with this chapter and the results of testing disclose that the individual has |
25 | at least a ninety-nine percent (99%) probability of parentage as determined by the testing |
26 | laboratory. |
27 | (b) Identification of a genetic parent through genetic testing does not establish parentage |
28 | absent adjudication under this chapter and a court may rely on nongenetic evidence to determine |
29 | parentage, including parentage by acknowledgment pursuant to article 3 of this chapter or by |
30 | admission pursuant to § 15-8.1-111, presumed parentage under article 4 of this chapter, de facto |
31 | parentage under article 5 of this chapter, and parentage by intended parents under articles 7 or 8 of |
32 | this chapter. |
33 | (c) An individual identified under subsection (a) of this section as a genetic parent of a |
34 | child may rebut the genetic testing results only by other genetic testing satisfying the requirements |
| LC003601/SUB B - Page 28 of 45 |
1 | of this chapter that: |
2 | (1) Excludes the individual as a genetic parent of the child; or |
3 | (2) Identifies an individual, other than the individual who gave birth to the child, as a |
4 | possible genetic parent of the child. |
5 | 15-8.1-605. Report of genetic testing. |
6 | (a) A report of genetic testing shall be in a record and signed under the penalty of perjury |
7 | by a designee of the testing laboratory. A report made under the requirements of this chapter is self- |
8 | authenticating. |
9 | (b) A party in possession of results of genetic testing shall provide such results to all other |
10 | parties to the parentage action upon receipt of the results and not later than fifteen (15) days before |
11 | any hearing at which the results may be admitted into evidence. |
12 | 15-8.1-606. Admissibility of results of genetic testing. |
13 | (a) Unless waived by the parties, a party intending to rely on the results of genetic testing |
14 | shall do all of the following: |
15 | (1) Make the test results available to the other parties to the parentage action at least fifteen |
16 | (15) days prior to any hearing at which the results may be admitted into evidence; |
17 | (2) Provide notice to the court and other parties to the proceeding of the intent to use the |
18 | test results at the hearing; and |
19 | (3) Provide the other parties notice of this statutory section, including the need to object in |
20 | a timely fashion. |
21 | (b) Any motion objecting to genetic test results shall be made in writing to the court and to |
22 | the party intending to introduce the evidence at least seven (7) days prior to any hearing at which |
23 | the results may be introduced into evidence. If no timely objection is made, the written results shall |
24 | be admissible as evidence without the need for foundation testimony or other proof of authenticity |
25 | or accuracy. |
26 | (c) If a child has a presumed parent, acknowledged parent, de facto parent, or adjudicated |
27 | parent, the results of genetic testing shall be admissible to adjudicate parentage only: |
28 | (1) With the consent of each individual who is a parent of the child under this chapter, |
29 | unless the court finds that admission of the testing is in the best interests of the child as provided |
30 | in § 15-8.1-603(h); or |
31 | (2) Pursuant to an order of the court under § 15-8.1-603. |
32 | 15-8.1-607. Additional genetic testing. |
33 | The court shall order additional genetic testing upon the request of a party who contests |
34 | the result of the initial testing. If the initial genetic testing identified an individual as a genetic |
| LC003601/SUB B - Page 29 of 45 |
1 | parent of the child under § 15-8.1-604, the court shall not order additional testing unless the party |
2 | provides advance payment for the testing. |
3 | 15-8.1-608. Adjudication of parentage of child with alleged genetic parent. |
4 | (a)(1) If genetic testing results, pursuant to § 15-8.1-604, exclude an individual as the |
5 | genetic parent of a child, the court shall find that individual is not a genetic parent of the child and |
6 | may not adjudicate the individual as the child’s parent on the basis of genetic testing. |
7 | (2) If genetic testing results, pursuant to § 15-8.1-604, identify an individual as the genetic |
8 | parent of a child and the only other individual with a claim to parentage of the child is the individual |
9 | who gave birth to the child, the court shall find that individual to be the genetic parent and may |
10 | adjudicate the individual as the child’s parent if the alleged genetic parent: |
11 | (i) Is identified under § 15-8.1-604 as a genetic parent of the child and the identification is |
12 | not successfully rebutted under § 15-8.1-604; |
13 | (ii) Admits parentage in a pleading, when making an appearance, or during a hearing, the |
14 | court accepts the admission, and the court determines the alleged genetic parent to be a parent of |
15 | the child; |
16 | (iii) Declines to submit to genetic testing ordered by the court or the office of child support |
17 | services, in which case the court may adjudicate the alleged genetic parent to be a parent of the |
18 | child even if the alleged genetic parent denies a genetic relationship with the child; |
19 | (iv) Is in default after service of process and the court determines the alleged genetic parent |
20 | to be a parent of the child; or |
21 | (v) Is neither identified nor excluded as a genetic parent by genetic testing and, based on |
22 | other evidence, the court determines the alleged genetic parent to be a parent of the child. |
23 | (3) Subject to other limitations in this chapter, if in a proceeding involving an alleged |
24 | genetic parent, at least one other individual in addition to the individual who gave birth to the child |
25 | has a claim of parentage of the child, the court shall adjudicate parentage under § 15-8.1-206. |
26 | 15-8.1-609. Costs of genetic testing. |
27 | (a) The costs of initial genetic testing shall be paid: |
28 | (1) By the office of child support services in a proceeding in which the office is providing |
29 | services, if the office requests such testing; |
30 | (2) As agreed by the parties or, if the parties cannot agree, by the individual who made the |
31 | request for genetic testing; or |
32 | (3) As ordered by the court. |
33 | (b) Notwithstanding subsection (a) of this section, an individual who challenges a |
34 | presumption, acknowledgment, or admission of parentage shall bear the cost for any genetic testing |
| LC003601/SUB B - Page 30 of 45 |
1 | requested by such individual. |
2 | (c) In cases in which the payment for the costs of initial genetic testing is advanced pursuant |
3 | to subsection (a) of this section, the office of child support services may seek reimbursement from |
4 | the genetic parent whose parent-child relationship is established. |
5 | 15-8.1-610. Deceased individual. |
6 | For good cause shown, the court may order genetic testing of a deceased individual. |
7 | 15-8.1-611. Confidentiality of genetic testing. |
8 | (a) A report of genetic testing for parentage is exempt from public inspection and copying |
9 | pursuant to chapter 2 of title 38 ("access to public records act"), and shall be kept confidential and |
10 | released only as provided in this chapter. |
11 | (b) An individual shall not intentionally release a report of genetic testing or the genetic |
12 | material of another individual for a purpose not relevant to a parentage proceeding without the |
13 | written permission of the individual who furnished the genetic material. An individual who violates |
14 | this section shall be imprisoned not more than one year, or fined not more than one thousand dollars |
15 | ($1,000), or both. |
16 | 15-8.1-612. Precluding establishment of parentage by perpetrator of sexual assault. |
17 | (a) In a proceeding in which a person is alleged to have committed a sexual assault that |
18 | resulted in the birth of a child, the person giving birth may seek to preclude the establishment of |
19 | the other person's parentage. |
20 | (b) This section shall not apply if the person alleged to have committed a sexual assault has |
21 | previously been adjudicated to be a parent of the child. |
22 | (c) A complaint under this section must be preceded by the arrest and chare of the person |
23 | alleged to have committed a sexual assault in violation of §§ 11-37-2 or 11-37-8.1 on the plaintiff |
24 | that resulted in the birth of the child. |
25 | (d) In a parentage proceeding, the person giving birth may file a complaint, making an |
26 | allegation under subsection (a) of this section at any time within two (2) years of the alleged sexual |
27 | assault that resulted in the birth of the child. |
28 | (e) During the pendency of proceedings on this complaint, the court may enter temporary |
29 | orders regarding the defendant's custody, contact and visitation with the child. |
30 | (f) The standard of proof that a child was conceived as a result of the person sexually |
31 | assaulting the person who gave birth to the child may be proven by the plaintiff by clear and |
32 | convincing evidence that the person was convicted of a sexual assault against the person giving |
33 | birth and that the child was conceived as a result of the sexual assault. |
34 | (g) If the court finds that the burden of proof under subsection (f) of this section is met, the |
| LC003601/SUB B - Page 31 of 45 |
1 | court shall enter an order: |
2 | (1) Adjudicating that the person alleged to have committed the sexual assault is not a parent |
3 | of the child and not entitled to have any contact, custody or visitation with the child; |
4 | (2) Requiring the department of health amend the birth certificate to delete the name of the |
5 | person precluded as a parent; and |
6 | (3) Requiring that the person convicted of committing a sexual assault pay child support |
7 | or birth-related costs, or both, unless the person giving birth requests otherwise. |
8 | 15-8.1-613. Past liabilities. |
9 | (a) For the purpose of this article, an action to determine the existence of a genetic parent |
10 | and child relationship is not barred until four (4) years after the child reaches the age of majority. |
11 | (b) A genetic parent’s liability for past education and necessary support and maintenance |
12 | are limited to a period of six (6) years next, preceding the commencement of an action under this |
13 | article. |
14 | Article 7. Parentage by Assisted Reproduction. |
15 | 15-8.1-701. Scope. |
16 | This article does not apply to the birth of a child conceived by sexual intercourse or assisted |
17 | reproduction under a surrogacy agreement under article 8 of this chapter. |
18 | 15-8.1-702. Parental status of donor. |
19 | (a) A donor is not a parent of a child conceived through assisted reproduction. |
20 | (b) Notwithstanding subsection (a) of this section, a person who provides a gamete or |
21 | gametes or an embryo or embryos to be used for assisted reproduction for the person’s spouse is a |
22 | parent of the resulting child. |
23 | 15-8.1-703. Parentage of child of assisted reproduction. |
24 | An individual who consents under § 15-8.1-704 to assisted reproduction by another |
25 | individual with the intent to be a parent of a child conceived by the assisted reproduction is a parent |
26 | of the child. |
27 | 15-8.1-704. Consent to assisted reproduction. |
28 | (a) Except as otherwise provided in subsection (b) of this section, the consent described in |
29 | § 15-8.1-703, must be in a record signed by the individual giving birth to a child conceived by |
30 | assisted reproduction and the individual who intends to be a parent of the child. |
31 | (b) In the absence of a record pursuant to subsection (a) of this section, before, on, or after |
32 | the birth of the child, a court may adjudicate an individual as the parent of a child, if it finds by a |
33 | preponderance of the evidence that: |
34 | (1) Prior to conception or birth of the child, the parties entered into an agreement that they |
| LC003601/SUB B - Page 32 of 45 |
1 | both intended to be the parents of the child; or |
2 | (2) The parties resided with the child and assumed the duties and responsibilities of |
3 | parentage. |
4 | (c) The court may order after hearing that the parties be listed on the birth certificate. |
5 | 15-8.1-705. Limitation on spouse’s dispute of parentage. |
6 | (a) Except as otherwise provided in subsection (b) of this section, a spouse may commence |
7 | a proceeding to challenge his or her parentage of a child born by assisted reproduction during the |
8 | marriage within two (2) years after the birth of the child if the court finds that the spouse did not |
9 | consent to the assisted reproduction before, on, or after the birth of the child or that the spouse |
10 | withdrew consent pursuant to § 15-8.1-706. |
11 | (b) A spouse or the individual who gave birth to the child may commence a proceeding to |
12 | challenge the spouse’s parentage of a child born by assisted reproduction at any time if the court |
13 | determines: |
14 | (1) The spouse neither provided a gamete for, nor consented to, the assisted reproduction; |
15 | (2) The spouse and the individual who gave birth to the child have not cohabited since the |
16 | probable time of assisted reproduction; and |
17 | (3) The spouse never openly held out the child as his or her child. |
18 | (c) This section shall apply to a spouse’s dispute of parentage even if the marriage is |
19 | declared invalid after assisted reproduction occurs. |
20 | 15-8.1-706. Effect of dissolution of marriage or withdrawal of consent. |
21 | (a) If a marriage is dissolved by final decree of divorce before transfer or implantation of |
22 | gametes or embryos, the former spouse is not a parent of the resulting child unless the former |
23 | spouse consented in a signed record, with notice to the other spouse and the individual giving birth, |
24 | that, if assisted reproduction were to occur after a divorce, the former spouse would be a parent of |
25 | the child. |
26 | (b) Consent of an individual to assisted reproduction, pursuant to § 15-8.1-704, may be |
27 | withdrawn by that person in a signed record, with notice to the individual giving birth and any other |
28 | intended parent, before transfer or implantation of gametes or embryos. An individual who |
29 | withdraws consent under this subsection is not a parent of the resulting child. |
30 | 15-8.1-707. Parental status of a deceased individual. |
31 | (a) If an individual who intends to be a parent of a child conceived by assisted reproduction |
32 | dies during the period between the transfer of a gamete or embryo and the birth of the child, the |
33 | individual’s death does not preclude the establishment of the individual’s parentage of the child if |
34 | the individual otherwise would be a parent of the child pursuant to this article. |
| LC003601/SUB B - Page 33 of 45 |
1 | (b)(1) If an individual who consented in a record to assisted reproduction by the individual |
2 | giving birth to the child dies before transfer or implantation of gametes or embryos, the deceased |
3 | individual is not a parent of a child conceived by assisted reproduction unless: |
4 | (i) The deceased individual consented in a record that if assisted reproduction were to occur |
5 | after the death of the deceased individual, the deceased individual would be a parent of the child; |
6 | or |
7 | (ii) The deceased individual’s intent to be a parent of a child conceived by assisted |
8 | reproduction after the individual’s death is established by a preponderance of the evidence. |
9 | (2) An individual is a parent of a child conceived by assisted reproduction under subsection |
10 | (b)(1) of this section, only if: |
11 | (i) The embryo is in utero not later than thirty-six (36) months after the individual’s death; |
12 | or |
13 | (ii) The child is born not later than forty-five (45) months after the individual’s death. |
14 | 15-8.1-708. Parentage orders of children born of assisted reproduction. |
15 | (a) An individual consenting to assisted reproduction consistent with this article, an |
16 | individual who is a parent pursuant to §§ 15-8.1-703 and 15-8.1-704, or the individual giving birth, |
17 | may commence a proceeding in the family court, before, on, or after birth of a resulting child, to |
18 | obtain a parentage order or determination of parentage: |
19 | (1) Declaring that the intended parent or parents are the parent or parents of the resulting |
20 | child and ordering that parental rights and responsibilities vest exclusively in the intended parent |
21 | or parents immediately upon the birth of the child; |
22 | (2) Sealing the record from the public to protect the privacy of the child and the parties; |
23 | (3) Designating the contents of the birth certificate and directing the department of health |
24 | to designate the intended parent or parents as the parent or parents of the child; or |
25 | (4) For any relief that the court determines necessary and proper. |
26 | (b) A proceeding under this section may be commenced before, on, or after the birth of the |
27 | child. |
28 | (c) Neither the donor, the state, nor the department of health is a necessary party to a |
29 | proceeding under this section. |
30 | (d) The family court shall forward a certified copy of the order issued pursuant to this |
31 | section to the department of health and to the intended parents or their representative. |
32 | (e) The intended parent or parents and any resulting child shall have access to the court |
33 | records relating to the proceeding at any time. |
34 | 15-8.1-709. Laboratory error. |
| LC003601/SUB B - Page 34 of 45 |
1 | If due to a laboratory or clinical error, the child is not genetically related to either the |
2 | intended parent or parents or any donor who donated to the intended parent or parents, the intended |
3 | parent or parents are the parents of the child unless otherwise determined by the court. |
4 | Article 8. Parentage by Gestational Carrier Agreement. |
5 | 15-8.1-801. Eligibility to enter gestational carrier agreement. |
6 | (a) In order to execute an agreement to act as a gestational carrier, an individual shall: |
7 | (1) Be at least twenty-one (21) years of age; |
8 | (2) Have completed a medical evaluation; |
9 | (3) Have completed a mental health consultation by a licensed professional who is |
10 | independent of the facility or providers that undertake the assisted reproduction procedures; |
11 | (4) Have had independent legal representation of the individual’s own choosing, and paid |
12 | for by the intended parent or parents regarding the terms of the gestational carrier agreement, and |
13 | have been advised of the potential legal consequences of the gestational carrier agreement; and |
14 | (5) Not have contributed gametes that will ultimately result in an embryo that the |
15 | gestational carrier will attempt to carry to term, unless the gestational carrier is entering into an |
16 | agreement with a family member. |
17 | (b) Prior to executing a gestational carrier agreement, an individual or individuals intending |
18 | to become a parent or parents, whether genetically related to the child or not, shall: |
19 | (1) Be at least twenty-one (21) years of age; |
20 | (2) Have completed a medical evaluation and a mental health consultation; and |
21 | (3) Have retained independent legal representation regarding the terms of the gestational |
22 | carrier agreement and have been advised of the potential legal consequences of the gestational |
23 | carrier agreement. |
24 | 15-8.1-802. Gestational carrier agreement. |
25 | (a) A prospective gestational carrier, that individual’s spouse, if any, and the intended |
26 | parent or parents may enter into a written agreement that: |
27 | (1) The prospective gestational carrier agrees to pregnancy by means of assisted |
28 | reproduction; |
29 | (2) The prospective gestational carrier and that individual’s spouse, if any, have no rights |
30 | and duties as the parents of a child conceived through assisted reproduction; and |
31 | (3) The intended parent or parents will be the parents of any resulting child. |
32 | (b) A gestational carrier agreement is enforceable only if it meets the following |
33 | requirements: |
34 | (1) The agreement shall be in writing and signed by all parties; |
| LC003601/SUB B - Page 35 of 45 |
1 | (2) The agreement shall not require more than a one-year term to achieve pregnancy; and |
2 | (3) At least one of the intended parents shall be a resident of the United States. |
3 | (4) The agreement shall be executed before the commencement of any medical procedures, |
4 | other than the medical evaluations required by § 15-8.1-801 and, in every instance, before transfer |
5 | of embryos or gametes. |
6 | (5) The gestational carrier and the intended parent or parents shall meet the eligibility |
7 | requirements of § 15-8.1-801. |
8 | (6) If any party is married, the party’s spouse shall be a party to the agreement. |
9 | (7) The gestational carrier and the intended parent or parents shall be represented by |
10 | independent legal counsel in all matters concerning the agreement and each counsel shall |
11 | affirmatively so state in a written declaration attached to the agreement. The declarations shall state |
12 | that the agreement meets the requirements of this chapter and shall be solely relied upon by health |
13 | care providers and staff at the time of birth and by the department of health for birth registration |
14 | and certification purposes in the absence of a court order to the contrary. |
15 | (8) The parties to the agreement shall sign a written acknowledgment of having received a |
16 | copy of the agreement. |
17 | (9) The signing of the agreement shall be witnessed and signed by at least one other |
18 | individual. |
19 | (10) The agreement shall expressly provide that the gestational carrier: |
20 | (i) Shall undergo assisted reproduction and attempt to carry and give birth to any resulting |
21 | child; |
22 | (ii) Has no claim to parentage of any resulting children and all rights of parentage shall |
23 | vest in the intended parent or parents immediately upon the birth of the children, regardless of |
24 | whether a court order has been issued at the time of birth; and |
25 | (iii) Shall acknowledge the exclusive parentage of the intended parent or parents of all |
26 | resulting children. |
27 | (11) If the gestational carrier is married, the carrier’s spouse: |
28 | (i) Shall acknowledge and agree to abide by the obligations imposed on the gestational |
29 | carrier by the terms of the gestational carrier agreement; |
30 | (ii) Has no claim to parentage of any resulting children and all rights of parentage shall |
31 | vest in the intended parent or parents immediately upon the birth of the children, regardless of |
32 | whether a court order has been issued at the time of birth; and |
33 | (iii) Shall acknowledge the exclusive parentage of the intended parent or parents of all |
34 | resulting children. |
| LC003601/SUB B - Page 36 of 45 |
1 | (12) The gestational carrier shall have the right to use the services of a health care provider |
2 | or providers of the gestational carrier’s choosing to provide care during the pregnancy. |
3 | (13) The agreement should provide for the disposition of embryos, if any, in the event of |
4 | termination of the agreement, the death of an intended parent or parents, or of the divorce of the |
5 | intended parents before transfer or implantation. |
6 | (14) The intended parent or parents shall: |
7 | (i) Be the exclusive parent or parents and accept parental rights and responsibilities of all |
8 | resulting children immediately upon birth regardless of the number, gender, or mental or physical |
9 | condition of the child or children; and |
10 | (ii) Assume responsibility for the financial support of all resulting children immediately |
11 | upon the birth of the children. |
12 | (c) Except as provided in § 15-8.1-809, a gestational carrier agreement may include |
13 | provisions for payment of consideration and reasonable expenses to a prospective gestational |
14 | carrier, provided they are negotiated in good faith between the parties. |
15 | (d) A gestational carrier agreement shall permit the individual acting as a gestational carrier |
16 | to make all health and welfare decisions regarding the gestational carrier’s health and pregnancy, |
17 | including, but not limited to, whether to consent to a caesarean section or multiple embryo transfer, |
18 | and shall not enlarge or diminish the gestational carrier’s right to terminate the pregnancy. Except |
19 | as otherwise provided by law, any written or verbal agreement purporting to waive or limit these |
20 | rights is void against public policy. |
21 | 15-8.1-803. Parental rights and responsibilities. |
22 | (a)(1) If a gestational carrier agreement satisfies the requirements of this article, the |
23 | intended parent or parents are the parent or parents of the resulting child and parental rights and |
24 | responsibilities shall vest exclusively in the intended parent or parents immediately upon the birth |
25 | of the child, and the resulting child is considered the child of the intended parent or parents |
26 | immediately upon the birth of the child. Neither the gestational carrier nor the gestational carrier’s |
27 | spouse, if any, is the parent of the resulting child. |
28 | (2) An individual who is determined to be a parent of the resulting child is obligated to |
29 | support the child. The breach of the gestational carrier agreement by the intended parent or parents |
30 | does not relieve the intended parent or parents of the obligation to support the resulting child. |
31 | (3) Notwithstanding subsections (a)(1) and (a)(2) of this section, if genetic testing indicates |
32 | a genetic relationship between the gestational carrier and the child and the child was not conceived |
33 | pursuant to a gestational carrier agreement with a family member, then parentage shall be |
34 | determined by the family court pursuant to articles 1 through 6 of this chapter. |
| LC003601/SUB B - Page 37 of 45 |
1 | (b) If, due to a laboratory or clinical error, the resulting child is not genetically related to |
2 | either the intended parent or parents or any donor who donated to the intended parent or parents, |
3 | the intended parent or parents are considered the parent or parents of the child and not the |
4 | gestational carrier and the carrier’s spouse, if any, subject to any other claim of parentage. |
5 | 15-8.1-804. Birth orders. |
6 | (a) Before the birth of a resulting child, a party to a gestational carrier agreement may |
7 | commence a proceeding in the family court or the superior court to obtain a birth order declaring |
8 | the parentage of a child. After the birth of a resulting child, the family court shall have exclusive |
9 | jurisdiction over a birth order. |
10 | (b) The birth order shall: |
11 | (1) Declare that at least one of the intended parents is a United States resident; |
12 | (2) Declare that the intended parent or parents are the parent or parents of the resulting |
13 | child and that parental rights and responsibilities vest exclusively in the intended parent or parents |
14 | immediately upon the birth of the child; |
15 | (3) Designate the contents of the birth certificate and direct the department of health to |
16 | designate the intended parent or parents as the parent or parents of the child. The department of |
17 | health may charge a reasonable fee for the issuance of a birth certificate; |
18 | (4) Seal the record from the public to protect the privacy of the child and the parents; and |
19 | (5) Provide any relief the court determines necessary and proper. |
20 | (c) Neither the state nor the department of health is a necessary party to a proceeding under |
21 | subsection (a) of this section. Any party to the gestational carrier agreement not joining in the |
22 | complaint must be served with notice of the proceeding. |
23 | (d) A complaint for an order of parentage under this section must be verified and include |
24 | the following: |
25 | (1) A certification from the attorney representing the intended parent or parents and the |
26 | attorney representing the person acting as a gestational carrier that the requirements of §§ 15-8.1- |
27 | 801 and 15-8.1-802 have been met; and |
28 | (2) A statement from all parties to the gestational carrier agreement that they entered into |
29 | the agreement knowingly and voluntarily. |
30 | (e) Where the court finds that the requirements of §§ 15-8.1-801 and 15-8.1-802 have been |
31 | satisfied, the order of parentage will include the following: |
32 | (1) Declaring, that upon the birth of the child born during the term of the gestational carrier |
33 | agreement, the intended parent or parents is/are the legal parent or parents of the child; |
34 | (2) Declaring, that upon birth of the child born during the term of the gestational carrier |
| LC003601/SUB B - Page 38 of 45 |
1 | agreement, the individual acting as the gestational carrier, and the spouse of the individual acting |
2 | as the gestational carrier, if any, is not the legal parent of the child; |
3 | (3) Ordering the individual acting as a gestational carrier and the spouse of the individual |
4 | acting as a gestational carrier, if any, to transfer the child to the intended parent or parents if this |
5 | has not already occurred; |
6 | (4) Ordering the intended parent or parents to assume responsibility for the maintenance |
7 | and support of the child immediately upon the birth of the child if this has not already occurred; |
8 | and |
9 | (5) Designating the contents of the birth certificate and directing the department of health |
10 | to designate the intended parent or parents as the parent or parents of the child. |
11 | (f) The court shall forward a certified copy of the order issued pursuant to this section to |
12 | the department of health and the intended parents or their representative. |
13 | (g) The intended parent or parents and any resulting child shall have access to their court |
14 | records at any time. |
15 | 15-8.1-805. Jurisdiction. |
16 | Subject to the jurisdictional standards of chapter 10 of title 8, the court conducting a |
17 | proceeding under this chapter has exclusive, continuing jurisdiction of all matters arising out of the |
18 | gestational carrier agreement until a child born to the gestational carrier during the period governed |
19 | by the agreement attains the age of one hundred eighty (180) days. |
20 | 15-8.1-806. Termination of gestational carrier agreement. |
21 | (a) A party to a gestational carrier agreement may withdraw consent to any medical |
22 | procedure and may terminate the gestational carrier agreement at any time prior to any embryo |
23 | transfer or implantation by giving written notice of termination to all other parties. |
24 | (b) Upon termination of the gestational carrier agreement under subsection (a) of this |
25 | section, and unless a gestational carrier agreement provides otherwise, the gestational carrier is |
26 | entitled to keep all payments received and obtain all payments to which the gestational carrier is |
27 | entitled through the date of termination. Except in a case involving fraud, neither a prospective |
28 | gestational carrier nor the gestational carrier’s spouse, if any, is liable to the intended parent or |
29 | parents for terminating a gestational carrier agreement under this section. |
30 | 15-8.1-807. Termination of gestational carrier agreement. |
31 | Unless a gestational carrier agreement expressly provides otherwise: |
32 | (1) The marriage of a gestational carrier or of an intended parent after the agreement has |
33 | been signed by all parties does not affect the validity of the agreement, the gestational carrier’s |
34 | spouse’s consent or intended parent's spouse's consent to the agreement is not required, and the |
| LC003601/SUB B - Page 39 of 45 |
1 | gestational carrier's spouse or intended parent’s spouse is not a presumed parent of a child |
2 | conceived by assisted reproduction under the agreement; and |
3 | (2) The divorce, dissolution, annulment, or legal separation of the gestational carrier or of |
4 | an intended parent after the agreement has been signed by all parties does not affect the validity of |
5 | the agreement. |
6 | 15-8.1-808. Effect of noncompliance, standard of review, remedies. |
7 | (a) A gestational carrier agreement that does not substantially comply with the |
8 | requirements of this article is not enforceable. |
9 | (b) In the event that a gestational carrier agreement does not substantially comply with the |
10 | requirements of this article, the family court or the superior court shall determine parentage based |
11 | on the intent of the parties, including evidence of the intent of the parties at the time of execution. |
12 | (c) Except as expressly provided in a gestational carrier agreement and in subsection (d) of |
13 | this section, in the event of a breach of the gestational carrier agreement by the gestational carrier |
14 | or the intended parent or parents, the gestational carrier or the intended parent or parents are entitled |
15 | to all remedies available at law or in equity. |
16 | (d) If an individual alleges that the parentage of a child born to a gestational carrier is not |
17 | the result of assisted reproduction, and this question is relevant to the determination of parentage, |
18 | the court may order genetic testing. |
19 | (e) Specific performance is not an available remedy for a breach by the gestational carrier |
20 | of any term in a gestational carrier agreement that requires the gestational carrier to be impregnated |
21 | or to terminate a pregnancy. Specific performance is an available remedy for a breach by the |
22 | gestational carrier of any term that prevents the intended parent or parents from exercising the full |
23 | rights of parentage immediately upon the birth of the child. |
24 | 15-8.1-809. Liability for payment of gestational carrier health care costs. |
25 | (a) The intended parent or parents are liable for the health care costs of the gestational |
26 | carrier that are not paid by insurance. As used in this section, "health care costs" means the expenses |
27 | of all health care provided for assisted reproduction, prenatal care, labor, and delivery. |
28 | (b) A gestational carrier agreement shall explicitly detail how the health care costs of the |
29 | gestational carrier are paid. The breach of a gestational carrier agreement by a party to the |
30 | agreement does not relieve the intended parent or parents of the liability for health care costs |
31 | imposed by subsection (a) of this section. |
32 | (c) This section is not intended to supplant any health insurance coverage that is otherwise |
33 | available to the gestational carrier or an intended parent for the coverage of health care costs. This |
34 | section does not change the health insurance coverage of the gestational carrier or the responsibility |
| LC003601/SUB B - Page 40 of 45 |
1 | of the insurance company to pay benefits under a policy that covers a gestational carrier. |
2 | Article 9. Information about Donor. |
3 | 15-8.1-901. Definitions. |
4 | As used in this article: |
5 | (1) "Identifying information" means: |
6 | (i) The full name of a donor; |
7 | (ii) The date of birth of the donor; and |
8 | (iii) The permanent and, if different, current address of the donor at the time of the |
9 | donation. |
10 | (2) "Medical history" means information regarding any of the following: |
11 | (i) Present illness of a donor; |
12 | (ii) Past illness of the donor; and |
13 | (iii) Social, genetic, and family history pertaining to the health of the donor. |
14 | 15-8.1-902. Applicability. |
15 | This article applies only to gametes collected on or after the effective date of this act. |
16 | 15-8.1-903. Collection of information about donor. |
17 | (a) A gamete bank or fertility clinic licensed in this state shall collect from a donor the |
18 | donor’s identifying information and medical history at the time of the donation. |
19 | (b) A gamete bank or fertility clinic licensed in this state which receives gametes of a donor |
20 | collected by another gamete bank or fertility clinic shall collect the name, address, telephone |
21 | number, and electronic mail address of the gamete bank or fertility clinic from which it received |
22 | the gametes. |
23 | (c) A gamete bank or fertility clinic licensed in this state shall disclose the information |
24 | collected under subsections (a) and (b) of this section as provided under § 15-8.1-905. |
25 | 15-8.1-904. Declaration regarding identity disclosure. |
26 | (a) A gamete bank or fertility clinic licensed in this state which collects gametes from a |
27 | donor shall: |
28 | (1) Provide the donor with information in a record about the donor’s choice regarding |
29 | identity disclosure; and |
30 | (2) Obtain a declaration from the donor regarding identity disclosure. |
31 | (b) A gamete bank or fertility clinic licensed in this state shall give a donor the choice to |
32 | sign a notarized declaration that either: |
33 | (1) States that the donor agrees to disclose the donor’s identity to a child conceived by |
34 | assisted reproduction with the donor’s gametes on request once the child attains eighteen (18) years |
| LC003601/SUB B - Page 41 of 45 |
1 | of age; or |
2 | (2) States that the donor does not agree presently to disclose the donor’s identity to the |
3 | child. |
4 | (c) A gamete bank or fertility clinic licensed in this state shall permit a donor who has |
5 | signed a declaration under subsection (b)(2) of this section, to withdraw the declaration at any time |
6 | by signing a declaration under subsection (b)(1) of this section. |
7 | 15-8.1-905. Disclosure of identifying information and medical history. |
8 | (a) On request of a child conceived by assisted reproduction who attains eighteen (18) years |
9 | of age, a gamete bank or fertility clinic licensed in this state which collected the gametes used in |
10 | the assisted reproduction shall make a good-faith effort to provide the child with identifying |
11 | information of the donor who provided the gametes, unless the donor signed and did not withdraw |
12 | a declaration under §15-8.1-904(b)(2). If the donor signed and did not withdraw the declaration, |
13 | the gamete bank or fertility clinic shall make a good-faith effort to notify the donor, who may elect |
14 | under §15-8.1-904(c) to withdraw the donor’s declaration. |
15 | (b) Regardless, whether a donor signed a declaration under §15-8.1-904(b)(2), on request |
16 | by a child conceived by assisted reproduction who attains eighteen (18) years of age, or, if the child |
17 | is a minor, by a parent or guardian of the child, a gamete bank or fertility clinic licensed in this state |
18 | which collected the gametes used in the assisted reproduction shall make a good-faith effort to |
19 | provide the child or, if the child is a minor, the parent or guardian of the child, access to |
20 | nonidentifying medical history of the donor. |
21 | (c) On request of a child conceived by assisted reproduction who attains eighteen (18) years |
22 | of age, a gamete bank or fertility clinic licensed in this state which received the gametes used in |
23 | the assisted reproduction from another gamete bank or fertility clinic shall disclose the name, |
24 | address, telephone number, and electronic mail address of the gamete bank or fertility clinic from |
25 | which it received the gametes. |
26 | 15-8.1-906. Recordkeeping. |
27 | (a) A gamete bank or fertility clinic licensed in this state which collects gametes for use in |
28 | assisted reproduction shall maintain identifying information and medical history about each gamete |
29 | donor. The gamete bank or fertility clinic shall maintain records of gamete screening and testing |
30 | and comply with reporting requirements, in accordance with federal law and applicable law of this |
31 | state other than this article. |
32 | (b) A gamete bank or fertility clinic licensed in this state that receives gametes from another |
33 | gamete bank or fertility clinic shall maintain the name, address, telephone number, and electronic |
34 | mail address of the gamete bank or fertility clinic from which it received the gametes. |
| LC003601/SUB B - Page 42 of 45 |
1 | Article 10. Applicability. |
2 | 15-8.1-1001. Uniformity of Application and construction. |
3 | In applying and construing this chapter, consideration must be given to the need to promote |
4 | uniformity of the law with respect to its subject matter among states that enact it. |
5 | 15-8.1-1002. Relation to electronic signatures in global and national commerce act. |
6 | This chapter modifies, limits, or supersedes the Electronic Signatures in Global and |
7 | National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section |
8 | 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices |
9 | described in 15 U.S.C. § 7003(b). |
10 | 15-8.1-1003. Transitional provision. |
11 | This chapter applies to a pending proceeding to adjudicate parentage commenced before |
12 | the effective date of this act for an issue on which a judgment has not been entered. |
13 | 15-8.1-1004. Severability. |
14 | If any provision of this chapter or its application to any individual or circumstances is held |
15 | invalid, the invalidity does not affect other provisions or applications of this chapter which can be |
16 | given effect without the invalid provision or application, and to this end the provisions of this |
17 | chapter are severable. |
18 | SECTION 3. Section 23-3-10 of the General Laws in Chapter 23-3 entitled "Vital Records" |
19 | is hereby amended to read as follows: |
20 | 23-3-10. Birth registration. |
21 | (a) A certificate of birth for each live birth which occurs in this state shall be filed with the |
22 | state registrar of vital records, or as otherwise directed by the state registrar, within four (4) days |
23 | after that birth. |
24 | (b) When a birth occurs in an institution, the person in charge of the institution, or his or |
25 | her designated representative, shall obtain the personal data; prepare the certificate; secure the |
26 | signatures required by the certificate; and file it with the state registrar of vital records, or as |
27 | otherwise directed by the state registrar. The physician and/or midwife in attendance, or his or her |
28 | authorized designee as defined in department regulations, shall certify to the facts of birth and |
29 | provide the medical information required by the certificate within three (3) days after the birth. |
30 | (c) When a birth occurs outside an institution, the certificate shall be prepared and filed by |
31 | one of the following in the indicated order of priority: |
32 | (1) The physician in attendance at, or immediately after, the birth, or in the absence of a |
33 | physician; |
34 | (2) Any other person in attendance at, or immediately after, the birth, or in the absence of |
| LC003601/SUB B - Page 43 of 45 |
1 | any person in attendance at or immediately after the birth; |
2 | (3) The father, the mother, or, in the absence of the father and the inability of the mother, |
3 | the person in charge of the premises where the birth occurred. |
4 | (4) When a birth occurs in a moving conveyance, the place of birth shall be that address in |
5 | the city or town where the child is first removed from the conveyance. |
6 | (d)(1) If the mother was married either at the time of conception or birth, the name of the |
7 | husband shall be entered on the certificate as the father of the child unless paternity has been |
8 | determined otherwise by a court of competent jurisdiction, in which case the name of the father as |
9 | determined by the court shall be entered. |
10 | (2) If the mother was not married either at the time of conception or birth, the child shall |
11 | bear the mother's surname and the name of the father shall not be entered on the certificate of birth |
12 | without the written consent of the mother and the person to be named as the father unless a |
13 | determination of paternity has been made by a court of competent jurisdiction, in which case the |
14 | name of the father as determined by the court shall be entered on the birth certificate. |
15 | (e) The state registrar shall not decline to register and/or issue any birth certificate or |
16 | certified copy of any birth certificate on the grounds that medical or health information collected |
17 | for statistical purposes has not been supplied. |
18 | SECTION 4. This act shall take effect on July January 1, 2021. |
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LC003601/SUB B | |
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| LC003601/SUB B - Page 44 of 45 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO DOMESTIC RELATIONS -- UNIFORM LAW ON PATERNITY -- | |
UNIFORM PARENTAGE ACT | |
*** | |
1 | This act would repeal current state law regarding paternity and would replace it with a |
2 | uniform parentage act that provides procedures establishing parentage, genetic testing, surrogacy |
3 | agreements and assisted reproduction. |
4 | This act would take effect on July January 1, 2021. |
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LC003601/SUB B | |
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| LC003601/SUB B - Page 45 of 45 |