2012 -- S 2775

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LC02154

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO DOMESTIC RELATIONS - ADOPTION OF CHILDREN

     Introduced By: Senators Lynch, Nesselbush, Miller, Perry, and Lanzi

     Date Introduced: March 08, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 15-7 of the General Laws entitled "Adoption of Children" is hereby

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amended by adding thereto the following section:

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     15-7-5.2. Consent and assisted reproduction - definitions. – The following terms,

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wherever used or referred to in chapter 7 of this title, shall have the following respective

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meanings:

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     (1) “Assisted reproduction” means a method of causing pregnancy through means other

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than sexual intercourse that includes, but is not limited to:

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     (i) Intrauterine insemination;

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     (ii) Donation of eggs;

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     (iii) Donation of embryos;

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

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     (v) Intracytoplasmic sperm injection.

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     (2) “Child” means an individual of any age whose parentage may be determined under

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this section or other law.

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     (3) “Determination of parentage” means the establishment of the parent-child relationship

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by the execution of a valid acknowledgment of parentage and adjudication by the court.

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     (4) “Donor” means an individual, other than an intended parent, who produces gametes

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used for assisted reproduction whether or not for consideration.

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     (5) “Egg” means the female gamete.

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     (6) “Embryo” means the organism resulting from the union of a sperm and an egg.

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     (7) “Embryo transfer” means the placing of a viable embryo into the uterus of a woman.

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     (8) “Gamete” means either a sperm or an egg.

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     (9) “Intended parent” is an individual who manifests the intent to be legally bound as the

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parent of a child resulting from assisted reproduction.

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     (10) “In vitro fertilization” means the formation of a human embryo outside the human

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body.

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     (11) “Sperm” means the male gamete.

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     15-7-5.3. Consent. – It is not necessary to obtain consent to adopt from an individual

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who produces gamete(s) used for assisted reproduction. If a gamete was provided under the

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supervision of a licensed physician or surgeon or to a licensed sperm bank for use in assisted

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reproduction for an intended parent, other than the donor’s spouse or civilly-unionized partner,

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then the donor shall be deemed not to be the natural parent of the child thereby conceived. The

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court may find that the donor has no parental rights and the parental rights of the donor are

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terminated.

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     15-7-5.4. Effect of dissolution of marriage or withdrawal of consent. – (a) If a

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marriage or civil union as defined in chapter 15-3.1 is dissolved before placement of gametes or

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embryo(s), a former spouse or civilly-unionized partner shall not be considered a parent of the

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resulting child, unless the former spouse or civilly-unionized partner consented in a written record

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that if assisted reproduction were to occur after a marriage or civil union is dissolved by a final

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judgment or final order, the former spouse or civilly-unionized partner would be a parent of the

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child.

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     (b) The consent of an individual to assisted reproduction may be withdrawn by the

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individual in a written record at any time before placement of eggs, sperm or embryos. An

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individual who withdraws consent under this section is not a parent of the resulting child.

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     SECTION 2. This act shall take effect upon passage.

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LC02154

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO DOMESTIC RELATIONS - ADOPTION OF CHILDREN

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     This act would address consent to adoption requirements in circumstances involving

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assisted reproduction, and also the effect a dissolution of a marriage or civil union affects

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parentage of a child resulting from assisted reproduction.

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     This act would take effect upon passage.

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LC02154

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