| Chapter 091 |
| 2023 -- H 5226 SUBSTITUTE A Enacted 06/19/2023 |
| A N A C T |
| RELATING TO DOMESTIC RELATIONS -- ADOPTION OF CHILDREN |
Introduced By: Representatives Kislak, Shekarchi, McEntee, Kazarian, Edwards, Craven, Caldwell, Vella-Wilkinson, Batista, and Ajello |
| Date Introduced: January 25, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Chapter 15-7 of the General Laws entitled "Adoption of Children" is hereby |
| amended by adding thereto the following section: |
| 15-7-27. Confirmatory adoption for children born through assisted reproduction. |
| (a) As used in this section, the following words and terms shall have the following |
| meanings unless the context shall clearly indicate another or different meaning or intent: |
| (1) “Assisted reproduction” means the definition provided in § 15-8.1-102. |
| (2) “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. |
| (3) “Petitioners” means the persons filing a petition for adoption in accordance with this |
| section. |
| (b) Whenever a child is born as a result of assisted reproduction and the person who did |
| not give birth is a parent or presumed parent pursuant to § 15-8.1-301, § 15-8.1-401, or § 15-8.1- |
| 703 and the parents seek to file a petition to confirm parentage through an adoption of the child, |
| the court shall permit the parents to file a petition for adoption in accordance with this section. |
| (c) A complete petition shall be comprised of the following: |
| (1) The petition for adoption signed by both parties; |
| (2)(i) A copy of the petitioners’ marriage certificate, if petitioners are married; and |
| (ii) A declaration signed by the person giving birth and the person who did not give birth |
| explaining the circumstances of the child’s birth through assisted reproduction, attesting to their |
| consent to assisted reproduction, and attesting that no competing claims of parentage exist; and |
| (3) A certified copy of the child’s birth certificate. |
| (d) A complete petition for adoption, as described in subsection (c) of this section, shall |
| serve as the petitioners’ written consents to adoption required by § 15-7-5, and no additional |
| consent or notice shall be required. |
| (e) If the petitioners conceived through assisted reproduction with donor gamete(s) or |
| donor embryo(s) pursuant to article 7 of chapter 15-8.1 of this title 15 ("uniform parentage act"), |
| the court shall not require notice of the adoption to the donor or consent to the adoption by the |
| donor, including notice pursuant to § 15-7-9 or § 15-7-26. |
| (f) Unless otherwise ordered by the court for good cause shown and supported by written |
| findings of the court demonstrating good cause or required by federal law, for purposes of |
| evaluating and granting a petition for adoption pursuant to this section, the court shall not require: |
| (1) An in-person hearing or appearance; |
| (2) An investigation or home study by, notice to, or approval of the department of children, |
| youth and families (DCYF); |
| (3) A criminal-records check; |
| (4) Verification that the child is not registered with the federal register for missing children |
| or the central register; or |
| (5) A minimum residency period in the home of the petitioners. |
| (g) The court shall grant the adoption under this section and issue a decree of adoption |
| within thirty (30) days upon finding that: |
| (1) For marital parents, the parent who gave birth and the spouse were married at the time |
| of the child’s birth and the child was born through assisted reproduction; or |
| (2) For non-marital parents: |
| (i) The person who gave birth and the non-marital parent consented to the assisted |
| reproduction; and |
| (ii) There are no competing claims of parentage or that any other person with a claim to |
| parentage of the child who is required to be provided notice of, or who must consent to, the adoption |
| has been notified or provided consent to the adoption. |
| (h) A petition to adopt pursuant to this section, when a petitioner’s parentage is presumed |
| or legally recognized under Rhode Island law, must not be denied solely on the basis that the |
| petitioner’s parentage is already presumed or legally recognized. |
| (i) When parentage is presumed or legally recognized pursuant to Rhode Island law, that |
| the parties did not petition for adoption pursuant to this section may not be considered as evidence |
| when two (2) or more presumptions conflict pursuant to § 15-8.1-206, nor in determining the best |
| interest of the child. |
| SECTION 2. This act shall take effect upon passage. |
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| LC000656/SUB A/2 |
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