law20060

Chapter 060

2020 -- H 7541 SUBSTITUTE A AS AMENDED
Enacted 07/21/2020

A N A C T

RELATING TO DOMESTIC RELATIONS -- UNIFORM LAW ON PATERNITY -- UNIFORM PARENTAGE ACT

Introduced By: Representatives McEntee, Mattiello, Craven, Caldwell, and Shekarchi

Date Introduced: February 12, 2020

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 15-8 of the General Laws entitled "Uniform Law on Paternity" is

hereby repealed in its entirety.

CHAPTER 15-8

Uniform Law on Paternity

15-8-1. Obligations of the father.

The father of a child which is or may be born out of lawful wedlock is liable to the same

extent as the father of a child born in lawful wedlock, whether or not the child is born alive, for the

reasonable expense of the mother's pregnancy and confinement, and the education, necessary

support and maintenance, and medical and funeral expenses of the child and for reasonable counsel

fees for the prosecution of paternity proceedings. A child born out of lawful wedlock also includes

a child born to a married woman by a man other than her lawful husband.

15-8-2. Enforcement.

Paternity may be determined upon the complaint of the father, mother, the child, or the

public authority chargeable by law with the support of the child. If paternity has been determined

or has been acknowledged according to the laws of Rhode Island, the liabilities of the father may

be enforced in the same or other proceedings by the mother, the child, or the public authority which

has furnished or may furnish the reasonable expenses of pregnancy, confinement, education,

necessary support, or funeral expenses, and by other persons, including private agencies, to the

extent that they have furnished the reasonable expenses of pregnancy, confinement, education,

necessary maintenance and support, or funeral expenses.

15-8-3. Presumption of paternity.

(a) A man is presumed to be the natural father of a child if:

(1) He and the child's natural mother are or have been married to each other and the child

is born during the marriage, or within three hundred (300) days after the marriage is terminated by

death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by

a court;

(2) Before the child's birth, he and the child's natural mother have attempted to marry each

other by a marriage solemnized in apparent compliance with law, although the attempted marriage

is or could be declared invalid, and:

(i) If the attempted marriage could be declared invalid only by a court, the child is born

during the attempted marriage, or within three hundred (300) days after its termination by death,

annulment, declaration of invalidity, or divorce; or

(ii) If the attempted marriage is invalid without a court order, the child is born within three

hundred (300) days after the termination of cohabitation;

(3) After the child's birth, he and the child's natural mother have married, or attempted to

marry, each other by a marriage solemnized in apparent compliance with law, although the

attempted marriage could be declared invalid, and:

(i) He has acknowledged his paternity of the child in writing filed with the clerk of the

family court;

(ii) With his consent, he is named as the child's father on the child's birth certificate; or

(iii) He is obligated to support the child under a written voluntary promise or by court

order;

(4) He acknowledges his paternity of the child in a writing filed with the clerk of the family

court, who shall promptly inform the mother of the filing of the acknowledgement, and she does

not dispute the acknowledgement, within a reasonable time after being informed, in a writing filed

with the clerk of the family court. If another man is presumed under this section to be the child's

father, acknowledgement may be effected only with the written consent of the presumed father or

after the presumption has been rebutted. The written acknowledgement of paternity shall be

admissible as evidence of paternity;

(5) He has submitted to blood testing and the results establish a conclusive presumption in

accordance with § 15-8-11(e); or

(6) A sworn acknowledgment of paternity of a child born out of wedlock is signed by both

parents on forms prescribed in accordance with § 23-3-9, either at the department of human services

or division of taxation within the department of administration, and is forwarded to the state

registrar of vital records for the purpose of amending the birth certificate. Before signing the sworn

acknowledgment of paternity, the parents shall be given written notice of their respective rights and

responsibilities. The sworn acknowledgment of paternity becomes a conclusive presumption if

there is no court challenge to this acknowledgement within sixty (60) days of the signing of this

acknowledgment. The only defenses which may be raised to the signing of this acknowledgment

after the sixty (60) day period are fraud, duress or mistake of fact.

(b) Except for a conclusive presumption under subdivisions (a)(5) and (a)(6) of this section,

a presumption under this section may be rebutted in an appropriate action only by clear and

convincing evidence. If two (2) or more presumptions arise which conflict with each other, the

presumption, which on its facts, is founded on the weightier considerations of policy and logic

controls. The presumption is rebutted by a court decree establishing paternity of the child by

another man.

15-8-4. Limitation on recovery from the father.

The father's liabilities for past education and necessary support and maintenance are limited

to a period of six (6) years next preceding the commencement of an action under the provisions of

this chapter.

15-8-5. Limitations of recovery from father's estate.

(a) The obligation of the estate of the father for liabilities under §§ 15-8-1 -- 15-8-26 are

limited to those amounts accrued prior to his death. In order to hold the estate of the father liable

under §§ 15-8-1 -- 15-8-26, an action under the provisions of this chapter must have been

commenced during the lifetime of the father.

(b) This section shall in no way limit the provisions of § 33-1-8, permitting the inheriting

or transmitting inheritance by a child born out of wedlock.

15-8-6. Statute of limitations.

An action to determine the existence of the father and child relationship is not barred until

four (4) years after the child reaches the age of majority.

15-8-7. Jurisdiction and remedies.

(a) The family court has jurisdiction of an action commenced under §§ 15-8-1 -- 15-8-26,

and all remedies for the enforcement of orders for the expense of pregnancy and confinement for

the mother, and for education, necessary support and maintenance, or funeral expenses for

legitimate children shall apply. The court has continuing jurisdiction to modify or revoke an order

and to increase or decrease amounts fixed by order for future education and necessary support and

maintenance. All remedies under the Uniform Interstate Family Support Act, §§ 15-23.1-101 -- 15-

23.1-903, are available for enforcement of duties of support and maintenance under §§ 15-8-1 --

15-8-26.

(b) A person who has had sexual intercourse in this state submits to the jurisdiction of the

courts of this state as to any action with respect to a child who may have been conceived by that

act of intercourse. In addition, the court may exercise jurisdiction over a nonresident individual

pursuant to § 15-23.1-201. Jurisdiction shall be acquired by service made in accordance with § 9-

5-33.

15-8-8. Clear and convincing evidence.

In any action to establish paternity under this chapter, other than an action brought pursuant

to § 15-8-2 or § 15-8-3, the standard that must be met by the plaintiff shall be that of clear and

convincing evidence.

15-8-8.1. Trial by court.

Trial shall be by the court.

15-8-9. Venue.

The action may be brought in the county in which the child or the alleged father resides or

is found, or, if the father is deceased, in which proceedings for probate of his estate have been or

could be commenced.

15-8-10. Time of trial.

If the issue of paternity is raised in an action commenced during the pregnancy of the

mother, the trial shall not, without the consent of the alleged father, be held until after the birth or

miscarriage.

15-8-11. Parentage tests.

(a) In a proceeding under this chapter before trial, the court, upon application made by or

on behalf of any party to the action, and supported by sworn affidavit, or on its own motion, shall

order that the mother, child, alleged father, and any other party to the action submit to blood or

tissue typing tests which may include, but are not limited to, tests of red cell antigens, red cell

isoenzymes, human leukocyte antigens, serum proteins, DNA and other genetic testing, to

determine whether the alleged father is likely to be, or is not, the father of the child. The sworn

affidavit must include a statement alleging paternity and setting forth facts establishing a reasonable

possibility of sexual contact during the probable period of conception or a statement denying

paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual

contact during the probable period of conception. In a proceeding to establish paternity and/or

support brought pursuant to the Rhode Island state plan for child and spousal support enforcement,

in conformance with title IV, part D of the federal Social Security Act, 42 U.S.C. § 651 et seq., if

the alleged father denies paternity in response to a paternity complaint and provides a sworn

affidavit as provided in this section, the division of taxation within the department of administration

shall have the authority to administratively order the parties to attend a blood or tissue typing test

and schedule blood or tissue typing test for the parties, of the type described in this section, without

the necessity of making application to the court, and the parties shall attend and submit to a blood

or tissue typing test under penalty of default in accordance with § 15-8-18.1.

(b) A blood or tissue typing test shall be made by a person the court determines is qualified

as an examiner of blood or tissue types.

and may direct the compensation to be paid by the state, or by any other party to the case, or by

both, in the proportions and at the times the court prescribes, and that, after payment by a party, all

or part or none of the payment shall be taxed as costs in the action. Before the making of a blood

or tissue typing test, the court may order any part or all of the compensation paid in advance.

(d) The result of a blood or tissue typing test and, if a determination of exclusion of

paternity cannot be made, a calculation of the probability of paternity made by a person the court

determines is qualified as an examiner of blood or tissue types based on the result of a blood or

tissue typing test shall be admissible in evidence in the trial of the case. A written report of the test

results, including a calculation of the probability of paternity or a determination of exclusion of

paternity, prepared by the duly qualified expert conducting the test, or by a duly qualified expert

under whose supervision or direction the test and analysis have been performed, certified by an

affidavit duly subscribed and sworn to by him or her before a notary public, may be introduced into

evidence without the need for foundation testimony or other proof of authenticity or accuracy and

without the necessity of calling the expert as a witness, unless an objection challenging the test

procedures or results has been filed within ten (10) days before any hearing at which the results

may be introduced into evidence and a cash bond posted with the registry of the family court in an

amount sufficient to cover the costs of the duly qualified expert to appear and testify.

(e) If the results of the blood or tissue typing tests duly admitted into evidence establish a

ninety-seven percent (97%) or greater probability of inclusion that a party is the biological father

of the child, then that probability shall constitute a conclusive presumption of paternity.

(f) Any reference to "blood test" in this chapter means blood or tissue typing test.

15-8-12 -- 15-8-14. Repealed.

15-8-15. Evidence relating to paternity.

Evidence relating to paternity may include:

(1) Evidence of sexual intercourse between the mother and alleged father at any possible

time of conception;

(2) A written report of blood or tissue typing test results including a calculation of the

probability of paternity as specified under § 15-8-11;

(3) Medical or anthropological evidence relating to the alleged father's paternity of the

child based on tests performed by experts. If a man has been identified as a possible father of the

child, the court may, and upon motion of a party shall, require the child, the mother, and the man

to submit to appropriate tests;

(4) All other evidence relevant to the issue of paternity of the child; and

(5) Copies of bills for parentage testing, and for prenatal and postnatal health care of the

mother and child may be introduced into evidence without the need for foundation testimony or

other proof of authenticity or accuracy and without the necessity of calling the expert as a witness,

unless an objection challenging the test procedures or results has been filed within ten (10) days

before any hearing at which the results may be introduced into evidence and a cash bond posted

with the registry of the family court in an amount sufficient to cover the costs of the duly qualified

expert or witness to appear and testify.

15-8-16. Civil action.

(a) An action under this chapter is a civil action governed by the rules of civil procedure.

The mother of the child and the alleged father are competent to testify and may be compelled to

testify.

(b) Upon refusal of any witness, including a party, to testify under oath or produce

evidence, the court may order him or her to testify under oath and produce evidence concerning all

relevant facts. If the refusal is upon the ground that this, his or her testimony or evidence, might

tend to incriminate him or her, the court may grant him or her immunity from all criminal liability

on account of the testimony or evidence that he or she is required to produce. An order granting

immunity bars prosecution of the witness for any offenses shown in whole or in part by testimony

or evidence that he or she is required to produce, except for perjury committed in his or her

testimony. The refusal of a witness, who has been granted immunity, to obey an order to testify or

produce evidence is a civil contempt of court.

the condition and characteristics of the child upon birth is not privileged.

(d) Testimony relating to sexual access to the mother by an unidentified man at any time

or by an identified man at a time other than the probable time of conception of the child is

inadmissible in evidence, unless offered by the mother.

(e) In an action against an alleged father, evidence offered by him with respect to a man

who is not subject to the jurisdiction of the court concerning his sexual intercourse with the mother

at or about the probable time of conception of the child is admissible in evidence only if he has

undergone and made available to the court blood or tissue typing tests, the results of which do not

exclude the possibility of his paternity of the child. A man who is identified and is subject to the

jurisdiction of the court shall be made a defendant in the action.

15-8-17. Hearings and records -- Confidentiality.

Notwithstanding any other law concerning public hearings and records, any hearing or trial

held under this chapter shall be held in closed court without admittance of any person other than

those necessary to the action of the proceeding. All papers and records, other than the final

judgment pertaining to the action or proceeding, whether part of the permanent record of the court

or elsewhere, are subject to inspection only upon consent of the court and all interested persons, or

in exceptional cases only upon an order of the court for good cause shown.

15-8-18. Judgments.

(a) The judgment or order of the court determining the existence or nonexistence of the

parent and child relationship is determinative for all purposes.

(b) If the judgment or order of the court is at variance with the child's birth certificate, the

court shall order that a new birth certificate be issued in accordance with § 15-8-23.

party to the proceeding, concerning the duty of support, the custody and guardianship of the child,

visitation privileges with the child, or any other matter in the best interest of the child. The judgment

or order may direct the father to pay the reasonable expenses of the mother's pregnancy and

confinement.

(d) Support judgments or orders may be for periodic payments which may vary in amount.

In determining the amount to be paid by a parent for support of the child and the period during

which the duty of support is owed, the court shall consider all relevant facts, including:

(1) The needs of the child;

(2) The standard of living and circumstances of the parents;

(3) The relative financial means of the parents;

(4) The earning ability of the parents;

(5) The need and capacity of the child for education, including higher education;

(6) The age of the child;

(7) The financial resources and the earning ability of the child;

(8) The responsibility of the parents for the support of others; and

(9) The value of services contributed by the custodial parent.

15-8-18.1. Entry of default and default judgment.

(a) In addition to any other basis for entry of default and default judgment provided in the

rules of procedure for domestic relations, the family court shall enter the defendant's default and a

judgment by default in a paternity action under this chapter upon the following conditions:

(1) Failure to respond to the paternity complaint within twenty (20) days, upon proof

presented that the defendant has been duly served the complaint;

(2) Failure to appear at a scheduled hearing or trial after being duly notified of the hearing

or trial, upon proof presented that the defendant has been duly served with notice of the scheduled

hearing or trial; or

(3) Failure to appear or refusal to attend blood testing upon proof presented that the

defendant has been duly notified of the date, time, and place of the testing.

(b) The court may set aside an entry of default and, if judgment by default has been entered,

may likewise set it aside, in accordance with the rules of procedure for domestic relations.

15-8-19. Judgments -- Enforcement.

(a) If existence of the father and child relationship is declared, or paternity or a duty of

support has been acknowledged or adjudicated under this chapter or under prior law, the obligation

of the father may be enforced in the same or other proceedings by the mother, the child, the public

authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement,

education, support, or funeral, or by other persons, including a private agency, to the extent that

they furnished or are furnishing those expenses.

(b) Willful failure to obey the judgment or order of the court is a civil contempt of the

court. All remedies for the enforcement of judgments apply.

15-8-20. Bond.

(a) In a proceeding to establish paternity, when the alleged father has submitted to blood

testing and the blood test results establish a ninety seven percent (97%) or greater probability of

inclusion that he is the biological father of the child, and upon motion, the court shall, after an

opportunity for a hearing, issue a temporary order for child support payable into the registry of the

court and to be held pending entry of judgment.

(b) In the event of a final adjudication requiring no payment or payments in an amount less

than those payments which have been made pursuant to a temporary order under this section, the

alleged father shall be entitled to a refund of all or a portion of the amounts paid.

section, the alleged or adjudicated father to give bond or other security for the payment of any

judgment which exists or may exist in the future.

15-8-21. Settlement agreements.

An agreement of settlement with the alleged father is binding only when approved by the

court.

15-8-22. False declaration of identity.

The making of a false complaint as to the identity of the father, or the aiding or abetting in

the making of a false complaint, shall be punishable with a penalty as for perjury.

15-8-23. Birth records.

(a) Upon order of the family court, the registrar of vital records shall prepare a new birth

certificate consistent with the findings of the court and shall substitute the new certificate for the

original certificate of birth.

(b) The fact that the father and child relationship was declared after the child's birth shall

not be ascertainable from the new certificate, but the actual place and date of birth shall be shown

on it.

15-8-24. Appeals.

(a) An appeal in all cases may be taken by the defendant, the mother or her personal

representative, or the public welfare official from any final order or judgment of the family court,

upon an action commenced under this chapter, directly to the supreme court within thirty (30) days

after the entry of the order of judgment.

(b) No appeal shall operate as a stay of execution unless the defendant shall give the

security provided for under § 15-8-20, and further security to pay the costs of the appeal.

15-8-25. Costs.

If the court makes an order declaring paternity and for the support and maintenance and

education of the child, court costs, including the costs of legal services of the attorney representing

the petitioner, expert witness fees, and all other costs shall be taxed against the defendant.

15-8-26. Action to declare mother and child relationship.

Any interested party may bring an action to determine the existence or nonexistence of a

mother and child relationship. The provisions of this chapter applicable to the father and child

relationship shall apply as far as practicable.

15-8-27. Voluntary acknowledgement -- Family court practice.

(a) In any action commenced before the family court, the father may acknowledge his

paternity of the child with the clerk of the family court. Each acknowledgement must be signed by

the person filing it and contain:

(1) The name, social security number, date of birth, and address of the person filing the

acknowledgement;

(2) The name and last known address of the mother of the child;

(3) The date of birth of the child, or, if the child is unborn, the month and year in which the

child is expected to be born; and

(4) The name and address of the presumed father, if any.

(b) The judge shall hold an informal hearing on the acknowledgement and shall enter an

order establishing the paternity of the child and an order of support for the child; provided, that

there are no objections from the natural mother or presumed father filed with the family court prior

to the date of the informal hearing; and provided, further, that a copy of the acknowledgement and

a notice of the informal hearing are duly served upon the mother and any presumed father in

accordance with the rules of procedure for domestic relations.

a basis for establishing a child support order for the child without requiring any further proceedings

to establish paternity.

15-8-28. Duty of parents to notify department.

(a) During the pendency of the paternity proceedings and throughout the duration of the

child support order, the parents must notify the department of any change in address, phone number

or place of employment within ten (10) days of the change.

(b) All notices and pleadings shall be mailed and/or served as appropriate to the most recent

address of record.

SECTION 2. Title 15 of the General Laws entitled "DOMESTIC RELATIONS" is hereby

amended by adding thereto the following chapter:

CHAPTER 8.1

UNIFORM PARENTAGE ACT

Article 1. Definitions, Scope and General Provisions.

15-8.1-101. Short title.

This chapter shall be known and may be cited as the "Rhode Island Uniform Parentage

Act".

15-8.1-102. Definitions.

As used in this chapter:

(1) "Acknowledged parent" means an individual who has established a parent-child

relationship pursuant to article 3 of this chapter.

(2) "Adjudicated parent" means an individual who has been adjudicated by a court of

competent jurisdiction to be a parent of a child.

(3) "Alleged genetic parent" means an individual who is alleged to be, or alleges that the

individual is, a genetic parent or possible genetic parent of a child whose parentage has not been

adjudicated. The term includes an alleged genetic father and alleged genetic mother. The term does

not include:

(i) A presumed parent;

(ii) A person whose parental rights have been terminated or declared not to exist; or

(iii) A donor.

(4) "Assisted reproduction" means a method of causing pregnancy other than through

sexual intercourse and includes, but is not limited to:

(i) Intrauterine, intracervical, or vaginal insemination;

(ii) Donation of gametes;

(iii) Donation of embryos;

(iv) In vitro fertilization and transfer of embryos; and

(v) Intracytoplasmic sperm injection.

(5) "Birth" includes stillbirth and fetal death.

(6) “Birth order” means those orders declaring parentage of a child, which may be obtained

from a court of competent jurisdiction before or after birth of a child.

(7) "Child" means an individual of any age whose parentage may be determined pursuant

to this chapter.

(8) "Determination of parentage" means establishment of a parent-child relationship by a

judicial or administrative proceeding or signing of a valid acknowledgement of parentage pursuant

to article 3 of this chapter.

(9) “Domestic assault” shall include any offense as set forth in § 12-29-2.

(10) "Donor" means an individual who contributes a gamete or gametes or an embryo or

embryos to another individual intended for assisted reproduction or gestation, whether or not for

consideration. This term does not include:

(i) An individual who gives birth to a child conceived by assisted reproduction except as

otherwise provided in article 8 of this chapter; or

(ii) A parent pursuant to article 7 of this chapter or an intended parent pursuant to article 8

of this chapter.

(11) "Embryo" means a cell or group of cells containing a diploid complement of

chromosomes or a group of such cells, not including a gamete, that has the potential to develop into

a live born human being if transferred into the body of a person under conditions in which gestation

may be reasonably expected to occur.

(12) "Gamete" means sperm, egg, or any part of a sperm or egg.

(13) "Gestational carrier" means an adult individual who is not an intended parent and who

enters into a gestational carrier agreement to bear a child conceived using the gametes of another

individual and not the gestational carrier’s own, except that an individual who carries a child for a

family member using the gestational carrier’s own gametes and who fulfills the requirements of

article 8 of this chapter is a gestational carrier.

(14) "Gestational carrier agreement" means a contract between an intended parent or

parents and a gestational carrier intended to result in a live birth.

(15) "Intended parent" means an individual, whether married or unmarried, who manifests

an intent to be legally bound as a parent of a child conceived through assisted reproduction or a

gestational carrier agreement.

(16) "Marriage" means and includes civil union and any legal relationship that provides

substantially the same rights, benefits, and responsibilities as marriage and is recognized as valid

in the state or jurisdiction in which it was entered.

(17) "Parent" means an individual who has established parentage that meets the

requirements of this chapter.

(18) "Parentage" means the legal relationship between a child and a parent as established

under this chapter.

(19) "Presumed parent" means a person who is presumed to be the parent of a child under

§ 15-8.1-401, unless the presumption is overcome in a judicial proceeding, a valid denial of

parentage is made under article 3 of this chapter, or a court adjudicates the individual to be a parent.

(20) "Record" means information that is inscribed on a tangible medium or that is stored

in an electronic or other medium and is retrievable in perceivable form.

(21) “Sexual assault” shall include sexual assault as provided in § 11-37-2, child

molestation as provided in §§ 11-37-8.1 and 11-37-8.3, and indecent solicitation of a minor as

provided in § 11-37-8.8, and similar offenses in other jurisdictions.

(22) “Sexual exploitation” shall include sexual exploitation of a minor as provided in § 11-

9-1, sexual abuse of a vulnerable adult as provided in chapter 37 of title 11, and similar offenses in

other jurisdictions.

(23) "Sign" means, with the intent to authenticate or adopt a record, to:

(i) Execute or adopt a tangible symbol; or

(ii) Attach to or logically associate with the record an electronic symbol, sound, or process.

(24) "Signatory" means an individual who signs a record.

(25) "Spouse" includes a partner in a civil union or a partner in a legal relationship that

provides substantially the same rights, benefits, and responsibilities as marriage and is recognized

as valid in the state or jurisdiction in which it was entered.

(26) "Transfer" means a procedure for assisted reproduction by which an embryo or sperm

is placed in the body of the individual who will give birth to the child.

(27) "Witnessed" means that at least one individual is authorized to sign and has signed a

record to verify that the individual personally observed a signatory sign the record.

15-8.1-103. Scope and application.

(a) This chapter applies to an adjudication and determination of parentage in the state of

Rhode Island.

(b) The court shall apply the law of the state of Rhode Island to adjudicate parentage.

under other laws of the state of Rhode Island or the equitable powers of the courts, except as

provided in this chapter.

15-8.1-104. Parentage proceeding.

(a) A proceeding to adjudicate the parentage of a child shall be maintained in accordance

with this chapter and with the family court rules of domestic relations procedure and/or the rules

of juvenile proceedings, except that proceedings for orders of parentage, pursuant to § 15-8.1-804,

may be maintained in accordance with the superior court rules of civil procedure.

(b) If a complaint is brought by the office of child support services, the complaint shall be

accompanied by an affidavit of the parent whose rights have been assigned. In cases where the

assignor is not a genetic parent or is a genetic parent who refuses to provide an affidavit, the

affidavit may be submitted by the office of child support services, but the affidavit alone shall not

support a default judgment on the issue of parentage.

that proceedings for orders of parentage under § 15-8.1-804, may be commenced in either the

family court or the superior court.

(d) There shall be no right to a jury trial in an action to determine parentage.

(e) An individual who is a party to a parentage action shall disclose that individual’s social

security number to the court. The social security number of an individual subject to a parentage

adjudication shall be placed in the court records relating to the adjudication. The court shall disclose

an individual’s social security number to the office of child support.

15-8.1-105. Standing to maintain proceeding.

(a) Subject to other provisions of this chapter, a proceeding to adjudicate parentage may be

maintained by:

(1) The child;

(2) The individual who gave birth to the child unless a court has adjudicated that the

individual is not a parent or the individual is a gestational carrier who is not a parent under article

8 of this chapter;

(3) An individual whose parentage is to be adjudicated;

(4) An individual who is a parent under this chapter;

(5) The office of child support services; or

(6) A representative authorized by law to act for an individual who would otherwise be

entitled to maintain a proceeding but who is deceased, incapacitated, or a minor.

(b) A foster parent does not have standing under this chapter to establish parentage based

solely on their status as a foster parent.

15-8.1-106. Notice of proceeding.

(a) Except as provided in subsections (d) and (e) of this section, an individual filing a

proceeding to adjudicate parentage pursuant to this chapter shall give notice of the proceeding to

adjudicate parentage to the following:

(1) The individual who gave birth to the child unless a court has adjudicated that the

individual is not a parent;

(2) An individual who is a parent of the child under this chapter;

(3) A presumed, acknowledged, or adjudicated parent of the child;

(4) A person whose parentage of the child is to be adjudicated; and

(5) The office of child support services, in cases in which either party is a recipient of

public assistance benefits from the department of human services and has assigned the right to child

support, or in cases in which either party has requested the services of the office of child support

services.

(b) An individual entitled to notice under subsection (a) of this section and the office of

child support services, where the office is involved pursuant to subsection (a)(5) of this section, has

a right to intervene in the proceeding.

void. Lack of notice shall not preclude an individual entitled to notice under subsection (a) of this

section from bringing a proceeding pursuant to this chapter.

(d) Notice of complaints for orders of parentage under § 15-8.1-804 shall be as required in

§ 15-8.1-804.

(e) Donors, as defined in § 15-8.1-102, are not entitled to notice.

15-8.1-107. Personal jurisdiction.

(a) An individual shall not be adjudicated a parent unless the court has personal jurisdiction

over the individual.

(b) A court having jurisdiction to adjudicate parentage may exercise personal jurisdiction

over a nonresident individual, or the guardian or conservator of the individual, if the conditions

prescribed for actions regarding interstate child support, pursuant to § 15-23.1-201 of the Uniform

Interstate Family Support Act, are fulfilled.

adjudication of parentage binding on another individual over whom the court has personal

jurisdiction.

15-8.1-108. Venue.

Venue for a proceeding to adjudicate parentage shall be in the county in which:

(1) The child resides or is present or, for purposes of article 7 or 8 of this chapter, is or will

be born;

(2) Any parent or intended parent resides;

(3) The respondent resides or is present if the child does not reside in this state;

(4) A proceeding for probate or administration of the parent or alleged parent’s estate has

been commenced; or

(5) A child protection proceeding with respect to the child has been commenced.

15-8.1-109. Joinder of proceedings.

(a) Except as otherwise provided in subsection (b) of this section, a proceeding to

adjudicate parentage may be joined with a proceeding for parental rights and responsibilities,

parent-child contact, child support, child protection, termination of parental rights, divorce,

annulment, legal separation, guardianship, probate or administration of an estate or other

appropriate proceeding, or a challenge or rescission of acknowledgment of parentage. Such

proceedings shall be in the family court.

(b) A respondent may not join a proceeding set forth in subsection (a) of this section with

a proceeding to adjudicate parentage brought as part of an interstate child support enforcement

action under § 15-23.1-201 of the Uniform Interstate Family Support Act.

15-8.1-110. Orders.

(a) In a proceeding under this chapter, the court may issue an interim order for support of

a child in accordance with the child support guidelines under § 15-5-16.2 and as established by the

family court with respect to an individual who is:

(1) A presumed, acknowledged, or adjudicated parent of the child;

(2) Petitioning to have parentage adjudicated;

(3) Identified as the genetic parent through genetic testing under article 6 of this chapter;

(4) An alleged genetic parent who has declined to submit to genetic testing;

(5) Shown by a preponderance of evidence to be a parent of the child;

(6) The individual who gave birth to the child, other than a gestational carrier; or

(7) A parent under this chapter.

(b) In a proceeding under this chapter, the court may make an interim order regarding

parental rights and responsibilities on a temporary basis.

governed by title 15.

15-8.1-111. Admission of parentage authorized.

(a) A respondent in a proceeding to adjudicate parentage may admit parentage of a child

when making an appearance or during a hearing in a proceeding involving the child or by filing a

pleading to such effect. An admission of parentage pursuant to this section is different from an

acknowledgment of parentage, as provided in article 3 of this chapter.

(b) If the court finds an admission to be consistent with the provisions of this chapter and

rejects any objection filed by another party, the court may issue an order adjudicated the child to

be the child of the individual admitting parentage.

15-8.1-112. Order on default.

The court may issue an order adjudicating the parentage of an individual who is in default,

provided that:

(1) The individual was served with notice of the proceeding; and

(2) The individual is found by the court to be the parent of the child based on a

preponderance of the evidence.

15-8.1-113. Order adjudicating parentage.

(a) In a proceeding under this chapter, the court shall issue a final order adjudicating

whether a person alleged or claiming to be a parent is the parent of a child.

(b) A final order under subsection (a) of this section, shall identify the child by name and

date of birth.

the child be changed.

(d) If the final order under subsection (a) of this section, is at variance with the child’s birth

certificate, the department of health, division of vital statistics, shall issue an amended birth

certificate.

15-8.1-114. Binding effect of determination of parentage.

(a) Except as otherwise provided in subsection (b) of this section, a determination of

parentage shall be binding on:

(1) All signatories to an acknowledgment form of parentage or denial of parentage, as

provided in article 3 of this chapter; and

(2) All parties to an adjudication by a court acting under circumstances that satisfy the

jurisdictional requirements of § 15-8.1-107.

(b) In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication

of the parentage of a child if:

(1) The court acts under circumstances that satisfy the jurisdictional requirements of § 15-

8.1-107; and

(2) The final order:

(i) Expressly identified a child as a "child of the marriage" or "issue of the marriage" or by

similar words indicates that the parties are the parents of the child; or

(ii) Provides for support of the child by the parent or parents.

defense in a subsequent proceeding seeking to adjudicate parentage by a person who was not a

party to the earlier proceeding.

(d) Appeal of adjudication.

(1) A party to an adjudication of parentage or a party who received notice under § 15-8.1-

106, may challenge the adjudication only by appeal or in a manner otherwise consistent with the

rules governing a collateral attack on a judgment.

(2) An individual who has standing under § 15-8.1-105, but who did not receive notice of

the adjudication of parentage under § 15-8.1-106, and was not a party to the adjudication, may

challenge the adjudication within two (2) years after the effective date of the adjudication. The

court, in its discretion, shall permit the proceeding only if it finds that it is in the best interests of

the child. If the court permits the proceeding, the court shall adjudicate parentage under § 15-8.1-

206.

(e) An appeal of an acknowledgment by a nonsignatory shall be provided in article 3 of

this chapter.

(f) A child shall not be bound by a determination of parentage under this chapter unless:

(1) The determination was based on an unrescinded acknowledgment of parentage and the

acknowledgment is consistent with the results of genetic testing;

(2) The determination was based on a finding consistent with the results of genetic testing;

(3) The determination of parentage was made under article 7 or 8 of this chapter; or

(4) The child was a party or was represented by an attorney, guardian ad litem, or similar

individual in the proceeding in which the child’s parentage was adjudicated.

15-8.1-115. Full faith and credit.

This state shall give full faith and credit to a determination of parentage and to an

acknowledgment of parentage from another state if the determination or acknowledgment is valid

and effective in accordance with the law of the other state.

Article 2. Establishment of Parentage.

15-8.1-201. Recognized parents.

A person may establish parentage by any of the following:

(1) Giving birth to the child, except as otherwise provided in article 8 of this chapter;

(2) Adoption of the child pursuant to chapter 7 of title 15;

(3) An effective voluntary acknowledgment of parentage under article 3 of this chapter;

(4) An adjudication of parentage under this chapter, including adjudications based on an

admission of parentage under § 15-8.1-111;

(5) A presumption of parentage under article 4 of this chapter, unless the presumption is

overcome in a judicial proceeding or a valid denial of parentage is made under article 3 of this

chapter.

(6) An adjudication of de facto parentage under article 5 of this chapter;

(7) An adjudication that an alleged genetic parent is a parent under article 6 of this chapter;

(8) Consent to assisted reproduction under article 7 of this chapter; or

(9) Establishment of parentage under article 8 of this chapter.

15-8.1-202. Nondiscrimination.

Every child has the same rights under law as any other child without regard to the marital

status or gender of the parents or the circumstances of the birth of the child.

15-8.1-203. Consequences of establishment of parentage.

Unless parentage has been terminated by a court order or an exception has been stated

explicitly in this chapter, parentage established under this chapter applies for all purposes, including

the rights and duties of parentage under the law.

15-8.1-204. Determination of maternity and paternity.

Provisions of this chapter relating to determination of paternity may apply to determination

of maternity as needed to determine parentage consistent with this chapter.

15-8.1-205. No limitation on child.

Nothing in this chapter limits the right of a child to bring an action to adjudicate parentage.

15-8.1-206. Adjudicating competing claims of parentage.

(a) In a proceeding to adjudicate competing claims of parentage or challenges to a child’s

parentage by two (2) or more persons, the court shall adjudicate parentage in the best interests of

the child, based on the following factors:

(1) The age of the child;

(2) The length of time during which each individual assumed the role of parent of the child;

(3) The nature of the relationship between the child and each individual;

(4) The harm to the child if the relationship between the child and each individual is not

recognized;

(5) The basis for each individual’s claim to parentage of the child;

(6) Other considerations arising from the disruption of the relationship between the child

and each individual or the likelihood of other harm to the child; and

(7) Other equitable factors that the court deems relevant to the child’s best interests.

(b) If a person challenges parentage based on the results of genetic testing, in addition to

the factors listed in subsection (a) of this section, the court shall consider:

(1) The facts surrounding the discovery the individual might not be the genetic parent of

the child; and

(2) The length of time between that of the time the individual was placed on notice that the

individual might not be a genetic parent and the commencement of the proceeding.

Article 3. Voluntary Acknowledgment of Parentage.

15-8.1-301. Acknowledgment of parentage.

(a) The following individuals may sign an acknowledgment of parentage to establish

parentage of a child:

(1) An individual who gave birth to the child;

(2) An individual who is the alleged genetic parent of the child;

(3) An individual who is an intended parent of the child under § 15-8.1-703; and

(4) A presumed parent under article 4 of this chapter.

(b) The acknowledgment shall be signed by both the individual who gave birth to the child

and by the individual seeking to establish a parent-child relationship and shall be witnessed and

signed by at least one other individual and shall contain the following provisions:

(1) A statement that the child whose parentage is being acknowledged does not have a

presumed parent other than the individual seeking to establish the parent-child relationship or has

a presumed parent whose full name is stated and does not have another acknowledged, adjudicated

or intended parent under Articles 7 and 8 of this chapter other than the individual who gave birth

to the child.

(2) A statement that the signatories understand that the acknowledgment is the equivalent

of an adjudication of parentage of the child and that a challenge to the acknowledgment is permitted

only under limited circumstances and is barred two (2) years after the effective date of the

acknowledgment unless there is another presumed parent or genetic parent who could not

reasonably have known about the birth of the child and commences a proceeding under this section

within two (2) years after learning of the child's birth.

15-8.1-302. Acknowledgment of parentage void.

An acknowledgment of parentage shall be void if, at the time of signing:

(1) An individual other than the individual seeking to establish parentage is a presumed

parent, unless a denial of parentage in a signed record has been filed with the state registrar for vital

records; or

(2) An individual, other than the individual who gave birth, is an acknowledged or

adjudicated parent, or an intended parent under article 7 or 8 of this chapter.

15-8.1-303. Denial of Parentage.

(a) An individual presumed to be a parent or an alleged genetic parent may sign a denial of

parentage only in the limited circumstances set forth in this section.

(b) A denial of parentage shall be valid only if:

(1) An acknowledgment of parentage by another individual has been filed pursuant to this

chapter;

(2) The denial is in a record and is witnessed and signed by at least one other individual;

and

(3) The presumed or alleged genetic parent executing the denial has not previously:

(i) Acknowledged parentage, unless the previous acknowledgment has been rescinded

pursuant to § 15-8.1-307, or successfully challenged the acknowledgment pursuant to § 15-8.1-

308; or

(ii) Been adjudicated to be the parent of the child.

15-8.1-304. Conditions for acknowledgment or denial of parentage.

(a) Completed forms for acknowledgment of parentage and denial of parentage shall be

filed with the state registrar for vital records.

(b) An acknowledgment of parentage or denial of parentage may be signed before or after

the birth of a child.

birth of the child or the filing of the document with the department of vital records, whichever

occurs later.

(d) An acknowledgment of parentage or denial of parentage signed by a minor shall be

valid provided it is otherwise in compliance with this chapter.

15-8.1-305. Equivalent to adjudication, no ratification required.

(a) Except as otherwise provided in §§ 15-8.1-307 and 15-8.1-308, a valid acknowledgment

of parentage under § 15-8.1-301, filed with the department of vital records, is equivalent to an

adjudication of parentage of a child and confers upon the acknowledged parent all of the rights and

duties of a parent.

(b) Judicial or administrative ratification is neither permitted nor required for an

unrescinded or unchallenged acknowledgment of parentage.

parentage under § 15-8.1-303, filed with the department of vital records, in conjunction with a valid

acknowledgment of parentage under § 15-8.1-301, is equivalent to an adjudication of the non-

parentage of the presumed parent or alleged genetic parent and discharges the presumed parent or

alleged genetic parent from all rights and duties of a parent.

(d) A signatory of an acknowledgment of parentage may rescind or challenge the

acknowledgment in accordance with §§ 15-8.1-307 through 15-8.1-309.

15-8.1-306. Waiver of filing Fee.

If an acknowledgment of parentage or denial of parentage is filed at a hospital,

contemporaneously with birth, the department of health shall not charge a filing fee.

15-8.1-307. Timing of rescission.

(a) A signatory may rescind an acknowledgment of parentage or denial of parentage under

this chapter by commencing a court proceeding before the earlier of:

(1) Sixty (60) days after the effective date of the acknowledgment or denial, as provided in

§ 15-8.1-304; or

(2) The date of the first hearing before a court in a proceeding, to which the signatory is a

party, to adjudicate an issue relating to the child, including a proceeding that establishes child

support.

(b) If an acknowledgment of parentage is rescinded under this section, any associated

denial of parentage becomes invalid, and the department of human services shall notify:

(1) The individual who gave birth to the child;

(2) Any individual who signed a denial of parentage of the child; and

(3) The department of vital records that the acknowledgment of parentage has been

rescinded. Failure to provide notice as required by this section does not affect the validity of the

rescission.

15-8.1-308. Challenge to acknowledgment after expiration of period for rescission.

(a) After the period for rescission under § 15-8.1-307 has expired, a signatory of an

acknowledgment of parentage or denial of parentage may commence a proceeding to challenge the

acknowledgment or denial only:

(1) On the basis of fraud, duress, coercion, threat of harm, or material mistake of fact; and

(2) Within two (2) years after the acknowledgment or denial is effective in accordance with

§ 15-8.1-304.

(b) If an acknowledgment of parentage has been made in accordance with this chapter, an

individual who is neither the child nor a signatory to the acknowledgment who seeks to challenge

the validity of the acknowledgment and adjudicate parentage shall commence a proceeding within

two (2) years after the effective date of the acknowledgment unless the individual did not know

and could not reasonably have known of the individual’s potential parentage due to a material

misrepresentation or concealment, in which case the proceeding shall be commenced within two

(2) years after the discovery of the individual’s potential parentage. An individual under this section

who seeks to challenge the validity of an acknowledgment and adjudicate parentage must have

standing under § 15-8.1-105. The court may permit the proceeding only if the court finds that the

proceeding is in the best interests of the child. If the court permits the proceeding, the court shall

adjudicate parentage under § 15-8.1-206.

pursuant to this section has the burden of proof by clear and convincing evidence.

(d) A court proceeding in which the validity of an acknowledgment of parentage is

challenged shall be consolidated with any other pending court actions regarding the child.

15-8.1-309. Procedure for rescission or challenge.

(a) Every signatory to an acknowledgment of parentage and any related denial of parentage

shall be made a party to a proceeding to judicially rescind an acknowledgment under § 15-8.1-

307(a) or a challenge to the acknowledgment or denial under § 15-8.1-308.

(b) For the purposes of a judicial rescission under § 15-8.1-307(a) or a challenge to an

acknowledgment of parentage or denial of parentage under § 15-8.1-308, a signatory submits to

personal jurisdiction of this state by signing the acknowledgment or denial, effective upon the filing

of the document with the department of vital records pursuant to § 15-8.1-304.

under § 15-8.1-307(a) or challenge an acknowledgment of parentage or denial of parentage under

§ 15-8.1-308, the court shall not suspend the legal responsibilities of a signatory arising from the

acknowledgment, including the duty to pay child support.

(d) A proceeding to challenge an acknowledgment of parentage or denial of parentage

under § 15-8.1-308 shall be conducted as a proceeding to adjudicate parentage pursuant to article

1 of this chapter.

(e) At the conclusion of a proceeding to rescind or challenge an acknowledgment of

parentage or denial of parentage, the court shall order the department of vital records to amend the

birth record of the child, if appropriate.

15-8.1-310. Forms for acknowledgment and denial of parentage.

(a) The department of vital records shall develop an acknowledgment of parentage form

and denial of parentage form for execution of parentage under this chapter.

(b) The acknowledgment of parentage form shall provide notice of the alternatives to, the

legal consequences of, and the rights and responsibilities that arise from signing the

acknowledgment and shall state that:

(1) There is no other presumed parent of the child or, if there is another presumed parent,

shall state that parent’s full name;

(2) There is no other acknowledged parent, adjudicated parent, or individual who is an

intended parent under articles 7 or 8 of this chapter other than the individual who gave birth to the

child; and

(3) The signatories understand that the acknowledgment is the equivalent of a court

adjudication of parentage of the child and that a challenge to the acknowledgment is permitted only

under limited circumstances.

modification of the prescribed form.

15-8.1-311. Release of information.

The department of health may release information relating to an acknowledgment of

parentage under § 15-8.1-301, as set forth in § 23-3-23.

15-8.1-312. Adoption of rules.

The department of health shall promulgate rules and regulation to implement this chapter.

Article 4. Presumed Parentage.

15-8.1-401. Presumption of parentage.

(a) Except as otherwise provided in this chapter, an individual is presumed to be a parent

of a child if:

(1) The individual and the individual who gave birth to the child are married to each other

and the child is born during the marriage;

(2) The individual and the individual who gave birth to the child were married to each other

and the child is born not later than three hundred (300) days after the marriage is terminated by

death, annulment, declaration of invalidity, divorce, or dissolution;

(3) The individual and the individual who gave birth to the child married each other after

the birth of the child and the individual at any time asserted parentage of the child and the individual

agreed to be and is named as a parent of the child on the birth certificate of the child; or

(4) The individual resided in the same household with the child, and the individual and

another parent of the child openly held out the child as that person’s own from the time the child

was born or adopted and for a period of two (2) years thereafter, including periods of temporary

absence, and assumed personal, financial or custodial responsibilities for the child.

(b) A presumption of parentage shall be rebuttable and may be overcome, and competing

claims to parentage resolved only by court order under this chapter or a valid denial of parentage

pursuant to article 3 of this chapter.

voluntary acknowledgement of parentage under article 3, by an adjudication of parentage under

this chapter or as otherwise provided in this article.

15-8.1-402. Challenge to presumed parent.

(a) Except as provided in subsection (b) of this section, a proceeding to challenge the

parentage of an individual whose parentage is presumed under § 15-8.1-401, shall be commenced

within two (2) years after the birth of the child.

(b) A proceeding to challenge the parentage of an individual whose parentage is presumed

under § 15-8.1-401, may be commenced two (2) years or more after the birth of the child in the

following circumstances:

(1) A presumed parent who is not the genetic parent of a child and who could not

reasonably have known about the birth of the child may commence a proceeding under this section

within two (2) years after learning of the child’s birth.

(2) An alleged genetic parent who did not know of the potential genetic parentage of a child

and who could not reasonably have known on account of material misrepresentation or concealment

may commence a proceeding under this section within two (2) years after discovering the potential

genetic parentage.

If the person is adjudicated to be the genetic parent of the child, the court may not

disestablish a presumed parent.

(3) Regarding a presumption under § 15-8.1-401(a)(4), another parent of the child may

challenge a presumption of parentage if that parent openly held out the child as the presumptive

parent’s child due to duress, coercion, or threat of harm. Evidence of duress, coercion, or threat of

harm may include whether within the prior ten (10) years, the person presumed to be a parent

pursuant to § 15-8.1-401(a)(4), has been convicted of domestic assault, sexual assault, or sexual

exploitation of the child or another parent of the child, was subject to a final abuse protection order

pursuant to chapter 15 of title 15, because the person was found to have committed abuse against

the child or another parent of the child, or was substantiated for abuse against the child or another

parent of the child pursuant to § 11-9-5.3.

15-8.1-403. Multiple presumptions or conflicting claims.

(a) If two (2) or more conflicting presumptions arise under this chapter, the court shall

adjudicate parentage pursuant to § 15-8.1-206.

(b) If in a proceeding to adjudicate a presumed parent’s parentage of a child, another

individual, in addition to the individual who gave birth to the child, asserts a claim to parentage of

the child, the court shall adjudicate parentage pursuant to § 15-8.1-206.

Article 5. De Facto Parentage

15-8.1-501. Adjudication.

(a)(1) In a proceeding to adjudicate the parentage of an individual who claims to be a de

facto parent of the child, if there is only one other individual who is a parent or has a claim to

parentage of the child, the court shall adjudicate the individual who claims to be a de facto parent

to be a parent of the child if the individual demonstrates by clear and convincing evidence that:

(i) The individual resided with the child as a regular member of the child’s household for

a significant period of time;

(ii) The individual engaged in consistent caretaking of the child;

(iii) The individual undertook full and permanent responsibilities of a parent of the child

without expectation of financial compensation;

(iv) The individual held out the child as the person’s child;

(v) The individual established a bonded and dependent relationship with the child which is

parental in nature;

(vi) The individual and another parent of the child fostered or supported the bonded and

dependent relationship required under subsection (a)(1)(v) of this section; and

(vii) Continuing the relationship between the individual and the child is in the best interests

of the child.

(2) A parent of the child may use evidence of duress, coercion, or threat of harm to contest

an allegation that the parent fostered or supported a bonded and dependent relationship as provided

in subsection (a)(1)(vi) of this section.

Such evidence may include whether within the prior ten (10) years, the individual seeking

to be adjudicated a de facto parent has been convicted of domestic assault, sexual assault, or sexual

exploitation of the child or another parent of the child, was subject to a final abuse protection order

pursuant to chapter 15 of title 15, because the individual was found to have committed abuse against

the child or another parent of the child, or was substantiated for abuse against the child or another

parent of the child pursuant to chapter 11 of title 40.

(b) In a proceeding to adjudicate the parentage of an individual who claims to be a de facto

parent of the child, if there is more than one other individual who is a parent or has a claim to

parentage of the child and the court determines that the requirements of subsection (a) of this section

are met by clear and convincing evidence, the court shall adjudicate parentage under § 15-8.1-206,

subject to other applicable limitations in this chapter.

disestablish the parentage of any other parent.

15-8.1-502. Complaint.

(a) An individual seeking to be adjudicated a de facto parent of a child shall file a complaint

with the family court before the child reaches eighteen (18) years of age. Both the individual

seeking to be adjudicated a de facto parent and the child must be alive at the time of the filing. The

complaint shall include a verified affidavit alleging facts to support the existence of a de facto

parent relationship with the child. The complaint and affidavit shall be served on all parents and

legal guardians of the child and any other party to the proceeding.

(b) An adverse party, parent, or legal guardian may file a pleading and verified affidavit in

response to the petition that shall be served on all parties to the proceeding.

seeking to be adjudicated a de facto parent has presented prima facie evidence of the criteria for de

facto parentage as provided in § 15-8.1-501(a) and, therefore, has standing to proceed with a

parentage action. The court, in its sole discretion, may hold a hearing to determine disputed facts

that are necessary and material to the issue of standing.

(d) The court may enter an interim order concerning contact between the child and an

individual with standing seeking adjudication under this chapter as a de facto parent of the child.

Article 6. Genetic Parentage

15-8.1-601. Scope.

This chapter governs procedures and requirements of genetic testing and genetic testing

results of an individual to determine parentage and adjudication of parentage based on genetic

testing, whether the individual voluntarily submits to testing or is tested pursuant to an order of the

court or an administrative agency.

Genetic testing shall not be used to challenge the parentage of an individual who is a parent

under articles 7 or 8 of this chapter or to establish the parentage of an individual who is a donor.

15-8.1-602. Requirements for genetic testing.

Genetic testing shall be of a type reasonably relied upon by scientific and medical experts

in the field of genetic testing and performed in a testing laboratory accredited by a national

association of blood banks or an accrediting body designated by the secretary of the U.S.

Department of Health and Human Services (HHS).

15-8.1-603. Authority to order or deny genetic testing.

(a) Except as otherwise provided in this chapter, in a proceeding pursuant to this chapter

to determine parentage, the court shall order the child and any other individual to submit to genetic

testing if a request for testing is supported by the sworn statement of a party:

(1) Alleging a reasonable possibility that the individual is the child’s genetic parent; or

(2) Denying genetic parentage of the child and stating facts establishing a reasonable

possibility that the individual is not a genetic parent.

(b) Prior to a proceeding to establish genetic parentage and/or support in conformance with

the state’s obligations under Chapter IV, Part D of the federal Social Security Act, 42 U.S.C. § 651

et seq., if the alleged genetic parent in response to a complaint supported by a sworn affidavit, filed

by the office of child support services, denies parentage, the office of child support services shall

have the authority to administratively order the parties to undergo genetic testing as described

above, without the necessity of making application to the court, and the parties shall attend and

submit to genetic testing under penalty of default.

presumed, acknowledged, or adjudicated parent of a child other than the individual who gave birth

to the child.

(d) The court or office of child support services shall not order in utero genetic testing.

(e) If two (2) or more individuals are subject to court-ordered genetic testing, the court may

order that testing be completed concurrently or sequentially.

(f) Genetic testing of an individual who gave birth to a child is not a condition precedent

to testing of the child and an individual whose genetic parentage of the child is being determined.

If the individual who gave birth is unavailable or declines to submit to genetic testing, the court

may order genetic testing of the child and each individual whose genetic parentage of the child is

being adjudicated.

(g) In a proceeding to adjudicate parentage of a child having an acknowledged, adjudicated,

de facto, presumed parent or intended parent, the court may deny a motion seeking an order for

genetic testing or deny admissibility of the test results at trial if it determines that:

(1) The conduct of the parties estops a party from denying parentage; or

(2) It would be an inequitable interference with the relationship between the child and an

acknowledged, adjudicated, de facto, presumed, or intended parent, or would otherwise be contrary

to the best interests of the child as provided in subsection (h) of this section.

(h) In determining whether to deny a motion seeking an order for genetic testing under this

chapter or a request for admission of such test results at trial, the court shall consider the best

interests of the child, including the following factors, if relevant:

(1) The length of time between the proceeding to adjudicate parentage and the time that a

parent was placed on notice that genetic parentage is at issue;

(2) The length of time during which the parent has assumed a parental role for the child;

(3) The facts surrounding discovery that genetic parentage is at issue;

(4) The nature of the relationship between the child and the parent;

(5) The age of the child;

(6) Any adverse effect on the child that may result if parentage is successfully disproved;

(7) The nature of the relationship between the child and any alleged parent;

(8) The extent to which the passage of time reduces the chances of establishing the

parentage of another individual and a child support obligation in favor of the child; and

(9) Any additional factors that may affect the equities arising from the disruption of the

relationship between the child and the parent or the chance of an adverse effect on the child.

15-8.1-604. Genetic testing results.

(a) An individual shall be identified as a genetic parent of a child if the genetic testing of

the individual complies with this chapter and the results of testing disclose that the individual has

at least a ninety-nine percent (99%) probability of parentage as determined by the testing

laboratory.

(b) Identification of a genetic parent through genetic testing does not establish parentage

absent adjudication under this chapter and a court may rely on nongenetic evidence to determine

parentage, including parentage by acknowledgment pursuant to article 3 of this chapter or by

admission pursuant to § 15-8.1-111, presumed parentage under article 4 of this chapter, de facto

parentage under article 5 of this chapter, and parentage by intended parents under articles 7 or 8 of

this chapter.

child may rebut the genetic testing results only by other genetic testing satisfying the requirements

of this chapter that:

(1) Excludes the individual as a genetic parent of the child; or

(2) Identifies an individual, other than the individual who gave birth to the child, as a

possible genetic parent of the child.

15-8.1-605. Report of genetic testing.

(a) A report of genetic testing shall be in a record and signed under the penalty of perjury

by a designee of the testing laboratory. A report made under the requirements of this chapter is self-

authenticating.

(b) A party in possession of results of genetic testing shall provide such results to all other

parties to the parentage action upon receipt of the results and not later than fifteen (15) days before

any hearing at which the results may be admitted into evidence.

15-8.1-606. Admissibility of results of genetic testing.

(a) Unless waived by the parties, a party intending to rely on the results of genetic testing

shall do all of the following:

(1) Make the test results available to the other parties to the parentage action at least fifteen

(15) days prior to any hearing at which the results may be admitted into evidence;

(2) Provide notice to the court and other parties to the proceeding of the intent to use the

test results at the hearing; and

(3) Provide the other parties notice of this statutory section, including the need to object in

a timely fashion.

(b) Any motion objecting to genetic test results shall be made in writing to the court and to

the party intending to introduce the evidence at least seven (7) days prior to any hearing at which

the results may be introduced into evidence. If no timely objection is made, the written results shall

be admissible as evidence without the need for foundation testimony or other proof of authenticity

or accuracy.

parent, the results of genetic testing shall be admissible to adjudicate parentage only:

(1) With the consent of each individual who is a parent of the child under this chapter,

unless the court finds that admission of the testing is in the best interests of the child as provided

in § 15-8.1-603(h); or

(2) Pursuant to an order of the court under § 15-8.1-603.

15-8.1-607. Additional genetic testing.

The court shall order additional genetic testing upon the request of a party who contests

the result of the initial testing. If the initial genetic testing identified an individual as a genetic

parent of the child under § 15-8.1-604, the court shall not order additional testing unless the party

provides advance payment for the testing.

15-8.1-608. Adjudication of parentage of child with alleged genetic parent.

(a)(1) If genetic testing results, pursuant to § 15-8.1-604, exclude an individual as the

genetic parent of a child, the court shall find that individual is not a genetic parent of the child and

may not adjudicate the individual as the child’s parent on the basis of genetic testing.

(2) If genetic testing results, pursuant to § 15-8.1-604, identify an individual as the genetic

parent of a child and the only other individual with a claim to parentage of the child is the individual

who gave birth to the child, the court shall find that individual to be the genetic parent and may

adjudicate the individual as the child’s parent if the alleged genetic parent:

(i) Is identified under § 15-8.1-604 as a genetic parent of the child and the identification is

not successfully rebutted under § 15-8.1-604;

(ii) Admits parentage in a pleading, when making an appearance, or during a hearing, the

court accepts the admission, and the court determines the alleged genetic parent to be a parent of

the child;

(iii) Declines to submit to genetic testing ordered by the court or the office of child support

services, in which case the court may adjudicate the alleged genetic parent to be a parent of the

child even if the alleged genetic parent denies a genetic relationship with the child;

(iv) Is in default after service of process and the court determines the alleged genetic parent

to be a parent of the child; or

(v) Is neither identified nor excluded as a genetic parent by genetic testing and, based on

other evidence, the court determines the alleged genetic parent to be a parent of the child.

(3) Subject to other limitations in this chapter, if in a proceeding involving an alleged

genetic parent, at least one other individual in addition to the individual who gave birth to the child

has a claim of parentage of the child, the court shall adjudicate parentage under § 15-8.1-206.

15-8.1-609. Costs of genetic testing.

(a) The costs of initial genetic testing shall be paid:

(1) By the office of child support services in a proceeding in which the office is providing

services, if the office requests such testing;

(2) As agreed by the parties or, if the parties cannot agree, by the individual who made the

request for genetic testing; or

(3) As ordered by the court.

(b) Notwithstanding subsection (a) of this section, an individual who challenges a

presumption, acknowledgment, or admission of parentage shall bear the cost for any genetic testing

requested by such individual.

to subsection (a) of this section, the office of child support services may seek reimbursement from

the genetic parent whose parent-child relationship is established.

15-8.1-610. Deceased individual.

For good cause shown, the court may order genetic testing of a deceased individual.

15-8.1-611. Confidentiality of genetic testing.

(a) A report of genetic testing for parentage is exempt from public inspection and copying

pursuant to chapter 2 of title 38 ("access to public records act"), and shall be kept confidential and

released only as provided in this chapter.

(b) An individual shall not intentionally release a report of genetic testing or the genetic

material of another individual for a purpose not relevant to a parentage proceeding without the

written permission of the individual who furnished the genetic material. An individual who violates

this section shall be imprisoned not more than one year, or fined not more than one thousand dollars

($1,000), or both.

15-8.1-612. Precluding establishment of parentage by perpetrator of sexual assault.

(a) In a proceeding in which a person is alleged to have committed a sexual assault that

resulted in the birth of a child, the person giving birth may seek to preclude the establishment of

the other person's parentage.

(b) This section shall not apply if the person alleged to have committed a sexual assault has

previously been adjudicated to be a parent of the child.

alleged to have committed a sexual assault in violation of §§ 11-37-2 or 11-37-8.1 on the plaintiff

that resulted in the birth of the child.

(d) In a parentage proceeding, the person giving birth may file a complaint, making an

allegation under subsection (a) of this section at any time within two (2) years of the alleged sexual

assault that resulted in the birth of the child.

(e) During the pendency of proceedings on this complaint, the court may enter temporary

orders regarding the defendant's custody, contact and visitation with the child.

(f) The standard of proof that a child was conceived as a result of the person sexually

assaulting the person who gave birth to the child may be proven by the plaintiff by clear and

convincing evidence that the person was convicted of a sexual assault against the person giving

birth and that the child was conceived as a result of the sexual assault.

(g) If the court finds that the burden of proof under subsection (f) of this section is met, the

court shall enter an order:

(1) Adjudicating that the person alleged to have committed the sexual assault is not a parent

of the child and not entitled to have any contact, custody or visitation with the child;

(2) Requiring the department of health amend the birth certificate to delete the name of the

person precluded as a parent; and

(3) Requiring that the person convicted of committing a sexual assault pay child support

or birth-related costs, or both, unless the person giving birth requests otherwise.

15-8.1-613. Past liabilities.

(a) For the purpose of this article, an action to determine the existence of a genetic parent

and child relationship is not barred until four (4) years after the child reaches the age of majority.

(b) A genetic parent’s liability for past education and necessary support and maintenance

are limited to a period of six (6) years next, preceding the commencement of an action under this

article.

Article 7. Parentage by Assisted Reproduction.

15-8.1-701. Scope.

This article does not apply to the birth of a child conceived by sexual intercourse or assisted

reproduction under a surrogacy agreement under article 8 of this chapter.

15-8.1-702. Parental status of donor.

(a) A donor is not a parent of a child conceived through assisted reproduction.

(b) Notwithstanding subsection (a) of this section, a person who provides a gamete or

gametes or an embryo or embryos to be used for assisted reproduction for the person’s spouse is a

parent of the resulting child.

15-8.1-703. Parentage of child of assisted reproduction.

An individual who consents under § 15-8.1-704 to assisted reproduction by another

individual with the intent to be a parent of a child conceived by the assisted reproduction is a parent

of the child.

15-8.1-704. Consent to assisted reproduction.

(a) Except as otherwise provided in subsection (b) of this section, the consent described in

§ 15-8.1-703, must be in a record signed by the individual giving birth to a child conceived by

assisted reproduction and the individual who intends to be a parent of the child.

(b) In the absence of a record pursuant to subsection (a) of this section, before, on, or after

the birth of the child, a court may adjudicate an individual as the parent of a child, if it finds by a

preponderance of the evidence that:

(1) Prior to conception or birth of the child, the parties entered into an agreement that they

both intended to be the parents of the child; or

(2) The parties resided with the child and assumed the duties and responsibilities of

parentage.

15-8.1-705. Limitation on spouse’s dispute of parentage.

(a) Except as otherwise provided in subsection (b) of this section, a spouse may commence

a proceeding to challenge his or her parentage of a child born by assisted reproduction during the

marriage within two (2) years after the birth of the child if the court finds that the spouse did not

consent to the assisted reproduction before, on, or after the birth of the child or that the spouse

withdrew consent pursuant to § 15-8.1-706.

(b) A spouse or the individual who gave birth to the child may commence a proceeding to

challenge the spouse’s parentage of a child born by assisted reproduction at any time if the court

determines:

(1) The spouse neither provided a gamete for, nor consented to, the assisted reproduction;

(2) The spouse and the individual who gave birth to the child have not cohabited since the

probable time of assisted reproduction; and

(3) The spouse never openly held out the child as his or her child.

declared invalid after assisted reproduction occurs.

15-8.1-706. Effect of dissolution of marriage or withdrawal of consent.

(a) If a marriage is dissolved by final decree of divorce before transfer or implantation of

gametes or embryos, the former spouse is not a parent of the resulting child unless the former

spouse consented in a signed record, with notice to the other spouse and the individual giving birth,

that, if assisted reproduction were to occur after a divorce, the former spouse would be a parent of

the child.

(b) Consent of an individual to assisted reproduction, pursuant to § 15-8.1-704, may be

withdrawn by that person in a signed record, with notice to the individual giving birth and any other

intended parent, before transfer or implantation of gametes or embryos. An individual who

withdraws consent under this subsection is not a parent of the resulting child.

15-8.1-707. Parental status of a deceased individual.

(a) If an individual who intends to be a parent of a child conceived by assisted reproduction

dies during the period between the transfer of a gamete or embryo and the birth of the child, the

individual’s death does not preclude the establishment of the individual’s parentage of the child if

the individual otherwise would be a parent of the child pursuant to this article.

(b)(1) If an individual who consented in a record to assisted reproduction by the individual

giving birth to the child dies before transfer or implantation of gametes or embryos, the deceased

individual is not a parent of a child conceived by assisted reproduction unless:

(i) The deceased individual consented in a record that if assisted reproduction were to occur

after the death of the deceased individual, the deceased individual would be a parent of the child;

(ii) The deceased individual’s intent to be a parent of a child conceived by assisted

reproduction after the individual’s death is established by a preponderance of the evidence.

(2) An individual is a parent of a child conceived by assisted reproduction under subsection

(b)(1) of this section, only if:

(i) The embryo is in utero not later than thirty-six (36) months after the individual’s death;

(ii) The child is born not later than forty-five (45) months after the individual’s death.

15-8.1-708. Parentage orders of children born of assisted reproduction.

(a) An individual consenting to assisted reproduction consistent with this article, an

individual who is a parent pursuant to §§ 15-8.1-703 and 15-8.1-704, or the individual giving birth,

may commence a proceeding in the family court, before, on, or after birth of a resulting child, to

obtain a parentage order or determination of parentage:

(1) Declaring that the intended parent or parents are the parent or parents of the resulting

child and ordering that parental rights and responsibilities vest exclusively in the intended parent

or parents immediately upon the birth of the child;

(2) Sealing the record from the public to protect the privacy of the child and the parties;

(3) Designating the contents of the birth certificate and directing the department of health

to designate the intended parent or parents as the parent or parents of the child; or

(4) For any relief that the court determines necessary and proper.

(b) A proceeding under this section may be commenced before, on, or after the birth of the

child.

proceeding under this section.

(d) The family court shall forward a certified copy of the order issued pursuant to this

section to the department of health and to the intended parents or their representative.

(e) The intended parent or parents and any resulting child shall have access to the court

records relating to the proceeding at any time.

15-8.1-709. Laboratory error.

If due to a laboratory or clinical error, the child is not genetically related to either the

intended parent or parents or any donor who donated to the intended parent or parents, the intended

parent or parents are the parents of the child unless otherwise determined by the court.

Article 8. Parentage by Gestational Carrier Agreement.

15-8.1-801. Eligibility to enter gestational carrier agreement.

(a) In order to execute an agreement to act as a gestational carrier, an individual shall:

(1) Be at least twenty-one (21) years of age;

(2) Have completed a medical evaluation;

(3) Have completed a mental health consultation by a licensed professional who is

independent of the facility or providers that undertake the assisted reproduction procedures;

(4) Have had independent legal representation of the individual’s own choosing, and paid

for by the intended parent or parents regarding the terms of the gestational carrier agreement, and

have been advised of the potential legal consequences of the gestational carrier agreement; and

(5) Not have contributed gametes that will ultimately result in an embryo that the

gestational carrier will attempt to carry to term, unless the gestational carrier is entering into an

agreement with a family member.

(b) Prior to executing a gestational carrier agreement, an individual or individuals intending

to become a parent or parents, whether genetically related to the child or not, shall:

(1) Be at least twenty-one (21) years of age;

(2) Have completed a medical evaluation and a mental health consultation; and

(3) Have retained independent legal representation regarding the terms of the gestational

carrier agreement and have been advised of the potential legal consequences of the gestational

carrier agreement.

15-8.1-802. Gestational carrier agreement.

(a) A prospective gestational carrier, that individual’s spouse, if any, and the intended

parent or parents may enter into a written agreement that:

(1) The prospective gestational carrier agrees to pregnancy by means of assisted

reproduction;

(2) The prospective gestational carrier and that individual’s spouse, if any, have no rights

and duties as the parents of a child conceived through assisted reproduction; and

(3) The intended parent or parents will be the parents of any resulting child.

(b) A gestational carrier agreement is enforceable only if it meets the following

requirements:

(1) The agreement shall be in writing and signed by all parties;

(2) The agreement shall not require more than a one-year term to achieve pregnancy; and

(3) At least one of the intended parents shall be a resident of the United States.

(4) The agreement shall be executed before the commencement of any medical procedures,

other than the medical evaluations required by § 15-8.1-801 and, in every instance, before transfer

of embryos or gametes.

(5) The gestational carrier and the intended parent or parents shall meet the eligibility

requirements of § 15-8.1-801.

(6) If any party is married, the party’s spouse shall be a party to the agreement.

(7) The gestational carrier and the intended parent or parents shall be represented by

independent legal counsel in all matters concerning the agreement and each counsel shall

affirmatively so state in a written declaration attached to the agreement. The declarations shall state

that the agreement meets the requirements of this chapter and shall be solely relied upon by health

care providers and staff at the time of birth and by the department of health for birth registration

and certification purposes in the absence of a court order to the contrary.

(8) The parties to the agreement shall sign a written acknowledgment of having received a

copy of the agreement.

(9) The signing of the agreement shall be witnessed and signed by at least one other

individual.

(10) The agreement shall expressly provide that the gestational carrier:

(i) Shall undergo assisted reproduction and attempt to carry and give birth to any resulting

child;

(ii) Has no claim to parentage of any resulting children and all rights of parentage shall

vest in the intended parent or parents immediately upon the birth of the children, regardless of

whether a court order has been issued at the time of birth; and

(iii) Shall acknowledge the exclusive parentage of the intended parent or parents of all

resulting children.

(11) If the gestational carrier is married, the carrier’s spouse:

(i) Shall acknowledge and agree to abide by the obligations imposed on the gestational

carrier by the terms of the gestational carrier agreement;

(ii) Has no claim to parentage of any resulting children and all rights of parentage shall

vest in the intended parent or parents immediately upon the birth of the children, regardless of

whether a court order has been issued at the time of birth; and

(iii) Shall acknowledge the exclusive parentage of the intended parent or parents of all

resulting children.

(12) The gestational carrier shall have the right to use the services of a health care provider

or providers of the gestational carrier’s choosing to provide care during the pregnancy.

(13) The agreement should provide for the disposition of embryos, if any, in the event of

termination of the agreement, the death of an intended parent or parents, or of the divorce of the

intended parents before transfer or implantation.

(14) The intended parent or parents shall:

(i) Be the exclusive parent or parents and accept parental rights and responsibilities of all

resulting children immediately upon birth regardless of the number, gender, or mental or physical

condition of the child or children; and

(ii) Assume responsibility for the financial support of all resulting children immediately

upon the birth of the children.

provisions for payment of consideration and reasonable expenses to a prospective gestational

carrier, provided they are negotiated in good faith between the parties.

(d) A gestational carrier agreement shall permit the individual acting as a gestational carrier

to make all health and welfare decisions regarding the gestational carrier’s health and pregnancy,

including, but not limited to, whether to consent to a caesarean section or multiple embryo transfer,

and shall not enlarge or diminish the gestational carrier’s right to terminate the pregnancy. Except

as otherwise provided by law, any written or verbal agreement purporting to waive or limit these

rights is void against public policy.

15-8.1-803. Parental rights and responsibilities.

(a)(1) If a gestational carrier agreement satisfies the requirements of this article, the

intended parent or parents are the parent or parents of the resulting child and parental rights and

responsibilities shall vest exclusively in the intended parent or parents immediately upon the birth

of the child, and the resulting child is considered the child of the intended parent or parents

immediately upon the birth of the child. Neither the gestational carrier nor the gestational carrier’s

spouse, if any, is the parent of the resulting child.

(2) An individual who is determined to be a parent of the resulting child is obligated to

support the child. The breach of the gestational carrier agreement by the intended parent or parents

does not relieve the intended parent or parents of the obligation to support the resulting child.

(3) Notwithstanding subsections (a)(1) and (a)(2) of this section, if genetic testing indicates

a genetic relationship between the gestational carrier and the child and the child was not conceived

pursuant to a gestational carrier agreement with a family member, then parentage shall be

determined by the family court pursuant to articles 1 through 6 of this chapter.

(b) If, due to a laboratory or clinical error, the resulting child is not genetically related to

either the intended parent or parents or any donor who donated to the intended parent or parents,

the intended parent or parents are considered the parent or parents of the child and not the

gestational carrier and the carrier’s spouse, if any, subject to any other claim of parentage.

15-8.1-804. Birth orders.

(a) Before the birth of a resulting child, a party to a gestational carrier agreement may

commence a proceeding in the family court or the superior court to obtain a birth order declaring

the parentage of a child. After the birth of a resulting child, the family court shall have exclusive

jurisdiction over a birth order.

(b) The birth order shall:

(1) Declare that at least one of the intended parents is a United States resident;

(2) Declare that the intended parent or parents are the parent or parents of the resulting

child and that parental rights and responsibilities vest exclusively in the intended parent or parents

immediately upon the birth of the child;

(3) Designate the contents of the birth certificate and direct the department of health to

designate the intended parent or parents as the parent or parents of the child. The department of

health may charge a reasonable fee for the issuance of a birth certificate;

(4) Seal the record from the public to protect the privacy of the child and the parents; and

(5) Provide any relief the court determines necessary and proper.

subsection (a) of this section. Any party to the gestational carrier agreement not joining in the

complaint must be served with notice of the proceeding.

(d) A complaint for an order of parentage under this section must be verified and include

the following:

(1) A certification from the attorney representing the intended parent or parents and the

attorney representing the person acting as a gestational carrier that the requirements of §§ 15-8.1-

801 and 15-8.1-802 have been met; and

(2) A statement from all parties to the gestational carrier agreement that they entered into

the agreement knowingly and voluntarily.

(e) Where the court finds that the requirements of §§ 15-8.1-801 and 15-8.1-802 have been

satisfied, the order of parentage will include the following:

(1) Declaring, that upon the birth of the child born during the term of the gestational carrier

agreement, the intended parent or parents is/are the legal parent or parents of the child;

(2) Declaring, that upon birth of the child born during the term of the gestational carrier

agreement, the individual acting as the gestational carrier, and the spouse of the individual acting

as the gestational carrier, if any, is not the legal parent of the child;

(3) Ordering the individual acting as a gestational carrier and the spouse of the individual

acting as a gestational carrier, if any, to transfer the child to the intended parent or parents if this

has not already occurred;

(4) Ordering the intended parent or parents to assume responsibility for the maintenance

and support of the child immediately upon the birth of the child if this has not already occurred;

and

(5) Designating the contents of the birth certificate and directing the department of health

to designate the intended parent or parents as the parent or parents of the child.

(f) The court shall forward a certified copy of the order issued pursuant to this section to

the department of health and the intended parents or their representative.

(g) The intended parent or parents and any resulting child shall have access to their court

records at any time.

15-8.1-805. Jurisdiction.

Subject to the jurisdictional standards of chapter 10 of title 8, the court conducting a

proceeding under this chapter has exclusive, continuing jurisdiction of all matters arising out of the

gestational carrier agreement until a child born to the gestational carrier during the period governed

by the agreement attains the age of one hundred eighty (180) days.

15-8.1-806. Termination of gestational carrier agreement.

(a) A party to a gestational carrier agreement may withdraw consent to any medical

procedure and may terminate the gestational carrier agreement at any time prior to any embryo

transfer or implantation by giving written notice of termination to all other parties.

(b) Upon termination of the gestational carrier agreement under subsection (a) of this

section, and unless a gestational carrier agreement provides otherwise, the gestational carrier is

entitled to keep all payments received and obtain all payments to which the gestational carrier is

entitled through the date of termination. Except in a case involving fraud, neither a prospective

gestational carrier nor the gestational carrier’s spouse, if any, is liable to the intended parent or

parents for terminating a gestational carrier agreement under this section.

15-8.1-807. Termination of gestational carrier agreement.

Unless a gestational carrier agreement expressly provides otherwise:

(1) The marriage of a gestational carrier or of an intended parent after the agreement has

been signed by all parties does not affect the validity of the agreement, the gestational carrier’s

spouse’s consent or intended parent's spouse's consent to the agreement is not required, and the

gestational carrier's spouse or intended parent’s spouse is not a presumed parent of a child

conceived by assisted reproduction under the agreement; and

(2) The divorce, dissolution, annulment, or legal separation of the gestational carrier or of

an intended parent after the agreement has been signed by all parties does not affect the validity of

the agreement.

15-8.1-808. Effect of noncompliance, standard of review, remedies.

(a) A gestational carrier agreement that does not substantially comply with the

requirements of this article is not enforceable.

(b) In the event that a gestational carrier agreement does not substantially comply with the

requirements of this article, the family court or the superior court shall determine parentage based

on the intent of the parties, including evidence of the intent of the parties at the time of execution.

this section, in the event of a breach of the gestational carrier agreement by the gestational carrier

or the intended parent or parents, the gestational carrier or the intended parent or parents are entitled

to all remedies available at law or in equity.

(d) If an individual alleges that the parentage of a child born to a gestational carrier is not

the result of assisted reproduction, and this question is relevant to the determination of parentage,

the court may order genetic testing.

(e) Specific performance is not an available remedy for a breach by the gestational carrier

of any term in a gestational carrier agreement that requires the gestational carrier to be impregnated

or to terminate a pregnancy. Specific performance is an available remedy for a breach by the

gestational carrier of any term that prevents the intended parent or parents from exercising the full

rights of parentage immediately upon the birth of the child.

15-8.1-809. Liability for payment of gestational carrier health care costs.

(a) The intended parent or parents are liable for the health care costs of the gestational

carrier that are not paid by insurance. As used in this section, "health care costs" means the expenses

of all health care provided for assisted reproduction, prenatal care, labor, and delivery.

(b) A gestational carrier agreement shall explicitly detail how the health care costs of the

gestational carrier are paid. The breach of a gestational carrier agreement by a party to the

agreement does not relieve the intended parent or parents of the liability for health care costs

imposed by subsection (a) of this section.

available to the gestational carrier or an intended parent for the coverage of health care costs. This

section does not change the health insurance coverage of the gestational carrier or the responsibility

of the insurance company to pay benefits under a policy that covers a gestational carrier.

Article 9. Information about Donor.

15-8.1-901. Definitions.

As used in this article:

(1) "Identifying information" means:

(i) The full name of a donor;

(ii) The date of birth of the donor; and

(iii) The permanent and, if different, current address of the donor at the time of the

donation.

(2) "Medical history" means information regarding any of the following:

(i) Present illness of a donor;

(ii) Past illness of the donor; and

(iii) Social, genetic, and family history pertaining to the health of the donor.

15-8.1-902. Applicability.

This article applies only to gametes collected on or after the effective date of this act.

15-8.1-903. Collection of information about donor.

(a) A gamete bank or fertility clinic licensed in this state shall collect from a donor the

donor’s identifying information and medical history at the time of the donation.

(b) A gamete bank or fertility clinic licensed in this state which receives gametes of a donor

collected by another gamete bank or fertility clinic shall collect the name, address, telephone

number, and electronic mail address of the gamete bank or fertility clinic from which it received

the gametes.

collected under subsections (a) and (b) of this section as provided under § 15-8.1-905.

15-8.1-904. Declaration regarding identity disclosure.

(a) A gamete bank or fertility clinic licensed in this state which collects gametes from a

donor shall:

(1) Provide the donor with information in a record about the donor’s choice regarding

identity disclosure; and

(2) Obtain a declaration from the donor regarding identity disclosure.

(b) A gamete bank or fertility clinic licensed in this state shall give a donor the choice to

sign a notarized declaration that either:

(1) States that the donor agrees to disclose the donor’s identity to a child conceived by

assisted reproduction with the donor’s gametes on request once the child attains eighteen (18) years

of age; or

(2) States that the donor does not agree presently to disclose the donor’s identity to the

child.

signed a declaration under subsection (b)(2) of this section, to withdraw the declaration at any time

by signing a declaration under subsection (b)(1) of this section.

15-8.1-905. Disclosure of identifying information and medical history.

(a) On request of a child conceived by assisted reproduction who attains eighteen (18) years

of age, a gamete bank or fertility clinic licensed in this state which collected the gametes used in

the assisted reproduction shall make a good-faith effort to provide the child with identifying

information of the donor who provided the gametes, unless the donor signed and did not withdraw

a declaration under §15-8.1-904(b)(2). If the donor signed and did not withdraw the declaration,

the gamete bank or fertility clinic shall make a good-faith effort to notify the donor, who may elect

under §15-8.1-904(c) to withdraw the donor’s declaration.

(b) Regardless, whether a donor signed a declaration under §15-8.1-904(b)(2), on request

by a child conceived by assisted reproduction who attains eighteen (18) years of age, or, if the child

is a minor, by a parent or guardian of the child, a gamete bank or fertility clinic licensed in this state

which collected the gametes used in the assisted reproduction shall make a good-faith effort to

provide the child or, if the child is a minor, the parent or guardian of the child, access to

nonidentifying medical history of the donor.

of age, a gamete bank or fertility clinic licensed in this state which received the gametes used in

the assisted reproduction from another gamete bank or fertility clinic shall disclose the name,

address, telephone number, and electronic mail address of the gamete bank or fertility clinic from

which it received the gametes.

15-8.1-906. Recordkeeping.

(a) A gamete bank or fertility clinic licensed in this state which collects gametes for use in

assisted reproduction shall maintain identifying information and medical history about each gamete

donor. The gamete bank or fertility clinic shall maintain records of gamete screening and testing

and comply with reporting requirements, in accordance with federal law and applicable law of this

state other than this article.

(b) A gamete bank or fertility clinic licensed in this state that receives gametes from another

gamete bank or fertility clinic shall maintain the name, address, telephone number, and electronic

mail address of the gamete bank or fertility clinic from which it received the gametes.

Article 10. Applicability.

15-8.1-1001. Uniformity of Application and construction.

In applying and construing this chapter, consideration must be given to the need to promote

uniformity of the law with respect to its subject matter among states that enact it.

15-8.1-1002. Relation to electronic signatures in global and national commerce act.

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and

National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section

101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices

described in 15 U.S.C. § 7003(b).

15-8.1-1003. Transitional provision.

This chapter applies to a pending proceeding to adjudicate parentage commenced before

the effective date of this act for an issue on which a judgment has not been entered.

15-8.1-1004. Severability.

If any provision of this chapter or its application to any individual or circumstances is held

invalid, the invalidity does not affect other provisions or applications of this chapter which can be

given effect without the invalid provision or application, and to this end the provisions of this

chapter are severable.

SECTION 3. Section 23-3-10 of the General Laws in Chapter 23-3 entitled "Vital Records"

is hereby amended to read as follows:

23-3-10. Birth registration.

(a) A certificate of birth for each live birth which occurs in this state shall be filed with the

state registrar of vital records, or as otherwise directed by the state registrar, within four (4) days

after that birth.

(b) When a birth occurs in an institution, the person in charge of the institution, or his or

her designated representative, shall obtain the personal data; prepare the certificate; secure the

signatures required by the certificate; and file it with the state registrar of vital records, or as

otherwise directed by the state registrar. The physician and/or midwife in attendance, or his or her

authorized designee as defined in department regulations, shall certify to the facts of birth and

provide the medical information required by the certificate within three (3) days after the birth.

one of the following in the indicated order of priority:

(1) The physician in attendance at, or immediately after, the birth, or in the absence of a

physician;

(2) Any other person in attendance at, or immediately after, the birth, or in the absence of

any person in attendance at or immediately after the birth;

(3) The father, the mother, or, in the absence of the father and the inability of the mother,

the person in charge of the premises where the birth occurred.

(4) When a birth occurs in a moving conveyance, the place of birth shall be that address in

the city or town where the child is first removed from the conveyance.

(d)(1) If the mother was married either at the time of conception or birth, the name of the

husband shall be entered on the certificate as the father of the child unless paternity has been

determined otherwise by a court of competent jurisdiction, in which case the name of the father as

determined by the court shall be entered.

(2) If the mother was not married either at the time of conception or birth, the child shall

bear the mother's surname and the name of the father shall not be entered on the certificate of birth

without the written consent of the mother and the person to be named as the father unless a

determination of paternity has been made by a court of competent jurisdiction, in which case the

name of the father as determined by the court shall be entered on the birth certificate.

(e) The state registrar shall not decline to register and/or issue any birth certificate or

certified copy of any birth certificate on the grounds that medical or health information collected

for statistical purposes has not been supplied.

SECTION 4. This act shall take effect on July January 1, 2021.

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LC004441/SUB A/2

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