2012 -- H 8114 SUBSTITUTE A

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LC02465/SUB A

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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: Representatives O`Neill, Petrarca, Mattiello, Ucci, and Flaherty

     Date Introduced: May 02, 2012

     Referred To: House 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 sections:

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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 act 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; whether married or unmarried, who manifests the

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intent to be legally bound as the 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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     (12) “Licensed facility” means a duly licensed sperm bank, hospital, clinic or fertility

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center.

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     15-7-5.3. Consent for child conceived through assisted reproduction. – (a) The donor

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of gametes for the purposes of assisted reproduction shall be treated in law as if the donor is not

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the natural parent of the child thereby conceived and shall have no rights, duties or interests

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stemming from the conception of the child, unless the donor of male or female gametes entered

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into a written contract to the contrary with the intended parent(s) prior to the conception of the

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child.

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     (b) Where an anonymous donor has provided gametes to a licensed physician or surgeon

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or to a licensed facility for use in assisted reproduction, it shall not be necessary to obtain a

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donor’s consent to adopt any child conceived thereby.

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     (c) Where the identity of the donor is known to the intended parent(s), and he or she has

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provided gametes for use in assisted reproduction for an intended parent other than the donor’s

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spouse or partner in a civil union, it shall not be necessary to obtain the donor’s consent to adopt

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the child conceived thereby unless the intended parent(s) had entered into a written contract

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granting the donor parental rights prior to the conception of the child.

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

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marriage is terminated, or civil union as defined in chapter 15-3.1 is dissolved, before placement

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of gametes or embryo(s), a former spouse or partner in a civil union shall not be considered a

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parent of the child conceived thereby, and it shall not be necessary to obtain his or her consent to

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adopt the child.

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     (b) The consent of an intended parent to assisted reproduction may be withdrawn by an

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intended parent in a written record, at any time before placement of eggs, sperm or embryos. Any

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

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and it shall not be necessary to obtain that individual’s consent to adopt.

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SECTION 2. This act shall take effect upon passage.

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LC02465/SUB A

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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 termination of a marriage or dissolution of a civil

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union has on the parentage of a child resulting from assisted reproduction.

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     This act would take effect upon passage.

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LC02465/SUB A

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