Gestational Surrogacy in Rhode Island

Rhode Island Surrogacy Laws

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.

 

Become a surrogate Become a parent

Pre-Birth Parentage Orders

Do courts grant pre-birth parentage orders?  

  • Yes, but only at least one Intended Parent must be a US resident.

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)?

  • Married heterosexual couple using own egg and own sperm: Yes
  • Married heterosexual couple using an egg donor or sperm donor: Yes
  • Unmarried heterosexual couple using own egg and own sperm: Yes
  • Unmarried heterosexual couple using an egg donor or sperm donor: Yes
  • Same-sex couple using an egg donor or sperm donor: Yes
  • Single parent using own egg or sperm: Yes

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)?

  • Married heterosexual couple: Yes
  • Unmarried heterosexual couple: Yes
  • Same-sex couple: Yes
  • Single parent: Yes

What are the bases for venue?

  • The county of the Gestational Carrier’s residence, the county of the Intended Parents’ residence, or the county where the child will be (or was) born.

Do results vary by venue? 

  • No.

Is a hearing required to obtain a pre-birth order? 

  • Yes, but only the Gestational Carrier must attend.

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? 

  • Yes, so long as one Intended Parent is a US resident.

Will Rhode Island Vital Records honor a pre-birth order from another state?

  • Yes, Section 15-8.1-115 requires the state to give full faith and credit to a determination of parentage from another state.

What is the typical time frame to obtain a birth certificate after delivery? 

  • 10 days

Same-Sex Couple

How are same-sex parents named on the final birth certificate?

  • Parent and Parent

Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?

  • No, parentage orders require at least one Intended Parent to be a US resident. Moreover, even if one Intended Parent is a US resident, per Rhode Island law, it is not possible to name the Gestational Carrier as a parent on the birth certificate.

Alternatively, can they obtain an initial birth certificate naming only the biological father?

  • Yes, if that parent is a US resident.

Can they subsequently obtain a birth certificate naming both fathers?

  • Yes, if one intended parent is a US resident.

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)?

  • No

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?

  • Yes

Second Parent & Stepparent Adoptions for Rhode Island Residents

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?

  • Yes

Does the couple need to be married?

  •  No

Will courts in Rhode Island grant second parent adoptions or stepparent adoptions to same-sex couples living in Rhode Island?

  • Yes
     

Does the couple need to be married?

  •  No

Egg, Sperm, & Embryo Donation

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?

  • Yes, Sec. 15-8.1-702 specifies that a “donor is not a parent of a child conceived through assisted reproduction,” unless the donor intends to parent the child.

Traditional Surrogacy in Rhode Island

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).

State Law Information Provided By The Following Attorneys Practicing Reproductive Law In This State:

The US Surrogacy Law Map™ and each of its state law descriptions (collectively, “The US Surrogacy Law Map”) is a 2010 copyrighted document, current through the year 2022. The US Surrogacy Law Map™ is protected by US Copyright laws and is the sole and exclusive property of Creative Family Connections LLC (“CFC”). You may not copy, reproduce, recreate, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any content contained on this Website, including, but not limited to, The US Surrogacy Law Map™, in any manner and in any medium. The information contained in The US Surrogacy Law Map™ is for informational purposes only and may not be used for any commercial purposes.

CFC may grant, in its sole and absolute discretion, a limited license to certain approved individuals and/or entities to use The US Surrogacy Law Map™ for presentations. Any requests for a license shall be provided to CFC by email in advance of any presentations. No license is granted until such time as CFC provides you with written approval of the right to use The US Surrogacy Law Map™, after you have signed CFC’s written release. You may not alter or remove any copyright or other notice from your licensed use of The US Surrogacy Law Map™. You further agree not to use The US Surrogacy Law Map™ for any unlawful purpose.

Notwithstanding the foregoing, you may include a hyperlink to The US Surrogacy Law Map™ without advance request. Except as otherwise provided herein, no other use of The US Surrogacy Law Map™ is permitted. Any use of data mining, data gathering, or extraction tools or processes in connection with The US Surrogacy Law Map™, or any reproduction or presentation of The US Surrogacy Law Map™ or its content, is strictly prohibited.

The US Surrogacy Law Map™ does not constitute legal advice and should not be construed as such, and CFC is not giving legal advice through The US Surrogacy Law Map™. The information contained in The US Surrogacy Law Map™ is strictly for informational purposes only and is not a substitute for obtaining individual, professional legal advice. The use of The US Surrogacy Law Map™ does not create any attorney-client relationship between CFC and users of the Website.

CFC tries to ensure that content on The US Surrogacy Law Map™ is accurate, up-to-date, and obtained from reliable sources, but CFC does not represent or warrant the content to be error-free. CFC does not endorse any of the attorneys listed. Nor does CFC represent that favorable results obtained in prior cases will be obtained in future cases. You accept and agree that your use of The US Surrogacy Law Map™ and any information therein is strictly at your own risk.

The US Surrogacy Law Map™

Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states.

View the Map!