2015 -- S 0521

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LC001692

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO DOMESTIC RELATIONS -- ADOPTION OF CHILDREN

     Introduced By: Senator Maryellen Goodwin

     Date Introduced: February 26, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 15-7-5 of the General Laws in Chapter 15-7 entitled "Adoption of

Children" is hereby amended to read as follows:

     15-7-5. Consent required. -- (a) The parents of the child, or their survivor, shall, except

as provided in this section, consent in writing to the adoption, or the petition shall be dismissed. If

neither parent is living, the guardian of the person of the child, or, if there is no guardian, the next

of kin, may give consent; or if there is no next of kin, the court may appoint some suitable person

to act in the proceedings as next friend of the child, and to give or withhold the consent; provided,

that if the child is of the age of fourteen (14) years or over, the adoption shall not be made

without the child's consent. In case the child to be adopted is eighteen (18) years or older, the

consent of, or notice to, the child's parents or other person in the child's behalf shall not be

required.

      (b)(1) Notwithstanding the provisions of subsection (a) of this section, when the

petitioners are one of the natural parents of the child and his or her spouse or one of the

grandparents of the child and the child is residing, at the time the petition is filed, with the

petitioners, if the noncustodial parent refused to consent to the adoption, the court shall determine

whether the noncustodial parent's rights shall be terminated involuntarily. In making the

determination, the court shall apply the grounds for termination of parental rights set forth in §

15-7-7; provided, that the petitioners need not demonstrate, and the court shall not require, efforts

to encourage and strengthen the child's relationship with the noncustodial parent prior to

terminating his or her parental rights.

      (2) Notwithstanding the provisions of subdivision (1) of this subsection, when the

petitioners are one of the natural parents of the child and his or her spouse or one of the

grandparents of the child and the child is residing, at the time the petition is filed, with the

petitioners, and if the noncustodial parent refuses to consent to the adoption, then the court may

grant the petition without a noncustodial parent's consent if the petitioners prove by clear and

convincing evidence any of the grounds set forth in § 15-7-7(a)(1), (2), or (4). The standard of

proof in these cases shall be by clear and convincing evidence and the court shall give primary

consideration to the physical, psychological, mental, and intellectual needs of the child insofar as

that consideration is not inconsistent with other provisions of this chapter.

     (c)(1) Notwithstanding the provisions of subsection (a) of this section, when the

petitioner is a grandparent with sole custody of the child and with whom the child is residing, at

the time the petition is filed, if the noncustodial natural parents or their survivor refuses to

consent to the adoption, the court shall determine whether the noncustodial parents' or their

survivor's rights shall be terminated involuntarily. In making the determination, the court shall

apply the grounds for termination of parental rights set forth in § 15-7-7; provided, that the

petitioner need not demonstrate, and the court shall not require, efforts to encourage and

strengthen the child's relationship with the noncustodial parent(s) prior to terminating his or her

parental rights.

     (2) Notwithstanding the provisions of subsection (c)(1) of this section, when the

petitioner is a grandparent with sole custody of the child and with whom the child is residing, at

the time the petition is filed, if the noncustodial natural parents or their survivor refuse to consent

to the adoption, then the court may grant the petition without a noncustodial parents' or their

survivor's consent if the petition proves by clear and convincing evidence any of the grounds set

forth in §§ 15-7-7(a)(1), (a)(2), or (a)(4). The standard of proof in these cases shall be by clear

and convincing evidence and the court shall give primary consideration to the physical,

psychological, mental, and intellectual needs of the child insofar as that consideration is not

inconsistent with other provisions of this chapter.

     SECTION 2. This act shall take effect upon passage.

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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 permit a petition for adoption, and if necessary, termination of parental

rights, to be filed by a grandparent(s) without the noncustodial parents' consent, when the child is

in the sole custody of the grandparent(s).

     This act would take effect upon passage.

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