Rhode Island law permits Gestational Surrogacy under the amended Uniform Parentage Act, which took effect on January 1, 2021. The statue only applies if one intended parent is a resident of the United States.
Do courts grant pre-birth parentage orders?
Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child (and if one Intended Parent resides in the US)?
Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child (and if one Intended Parent resides in the US)?
What are the bases for venue?
Do results vary by venue?
Is a hearing required to obtain a pre-birth order?
Is a pre-birth order possible in Rhode Island based on a Gestational Carrier’s plan to deliver in Rhode Island, if no party lives in Rhode Island?
Will Rhode Island Vital Records honor a pre-birth order from another state?
What is the typical time frame to obtain a birth certificate after delivery?
How are same-sex parents named on the final birth certificate?
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?
Alternatively, can they obtain an initial birth certificate naming only the biological father?
Can they subsequently obtain a birth certificate naming both fathers?
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Rhode Island (i.e., neither of the Intended Parents lives in Rhode Island)?
If no, will Rhode Island Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?
Note: This situation typically arises if the child is born outside the state. The parents (RI residents) then return to Rhode Island to obtain a second parent adoption or stepparent adoption in Rhode Island.
Will courts in Rhode Island grant second parent adoptions or stepparent adoptions to heterosexual couples living in Rhode Island?
Does the couple need to be married?
Will courts in Rhode Island grant second parent adoptions or stepparent adoptions to same-sex couples living in Rhode Island?
Does the couple need to be married?
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?
Rhode Island law permits Traditional Surrogacy only if the surrogate is the Intended Parents’ family member and the surrogacy arrangement and agreement otherwise meets all requirements specified in Article 8 of the Uniform Parentage Act (including the requirement that one of the Intended Parents resides in the US).
Michael Grant
mbgesq@aol.com
(401)219-0400
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