Title 15
Domestic Relations

Chapter 7
Adoption of Children

§ 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 8.1 of this title (“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.