2023 -- H 5226

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LC000656

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO DOMESTIC RELATIONS -- ADOPTION OF CHILDREN

     Introduced By: Representatives Kislak, Shekarchi, McEntee, Kazarian, Edwards, Craven,
Caldwell, Vella-Wilkinson, Batista, and Ajello

     Date Introduced: January 25, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

amended by adding thereto the following section:

     15-7-27. Confirmatory adoption for children born through assisted reproduction.

     (a) As used in this section, the following words and terms shall have the following

meanings unless the context shall clearly indicate another or different meaning or intent:

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

sexual intercourse and includes, but is not limited to, the following: intrauterine, intracervical, or

vaginal insemination; donation of gametes; donation of embryos; in vitro fertilization and transfer

of embryos; and intracytoplasmic sperm injection.

     (2) “Marriage” means and includes civil union and any legal relationship that provides

substantially the same rights, benefits, and responsibilities as marriage and is recognized as valid

in the state or jurisdiction in which it was entered.

     (3) “Petitioners” means the persons filing a petition for adoption in accordance with this

section.

     (b) Whenever a child is born as a result of assisted reproduction and the person who did

not give birth is a parent or presumed parent pursuant to § 15-8.1-301, § 15-8.1-401, or § 15-8.1-

703 and the parents seek to file a petition to complete an adoption of the child to confirm parentage,

the court shall permit the parents to file a petition for adoption in accordance with this section.

     (c) A complete petition shall be comprised of the following:

     (1) The petition for adoption signed by both parties;

     (2)(i) A copy of the petitioners’ marriage certificate, if petitioners are married; and

     (ii) A declaration signed by the person giving birth and the person who did not give birth

explaining the circumstances of the child’s birth through assisted reproduction, attesting to their

consent to assisted reproduction, and attesting that no competing claims of parentage exist; and

     (3) A certified copy of the child’s birth certificate.

     (d) A complete petition for adoption, as described in subsection (c) of this section, shall

serve as the petitioners’ written consents to adoption required by § 15-7-5, and no additional

consent or notice shall be required.

     (e) If the petitioners conceived through assisted reproduction with donor gamete(s) or

donor embryo(s) pursuant to article 7 of chapter 15-8.1 ("uniform parentage act"), the court shall

not require notice of the adoption to the donor or consent to the adoption by the donor, including

notice pursuant to § 15-7-9 or § 15-7-26.

     (f) Unless otherwise ordered by the court for good cause shown and supported by written

findings of the court demonstrating good cause, for purposes of evaluating and granting a petition

for adoption pursuant to this section, the court shall not require:

     (1) An in-person hearing or appearance;

     (2) An investigation or home study by, notice to, or approval of the department of children,

youth and families (DCYF);

     (3) A criminal-records check;

     (4) Verification that the child is not registered with the federal register for missing children

or the central register; or

     (5) A minimum residency period in the home of the petitioners.

     (g) The court shall grant the adoption under this section and issue a decree of adoption

within thirty (30) days upon finding that:

     (1) For marital parents, the parent who gave birth and the spouse were married at the time

of the child’s birth and the child was born through assisted reproduction; or

     (2) For non-marital parents:

     (i) The person who gave birth and the non-marital parent consented to the assisted

reproduction; and

     (ii) There are no competing claims of parentage or that any other person with a claim to

parentage of the child who is required to be provided notice of, or who must consent to, the adoption

has been notified or provided consent to the adoption.

     (h) A petition to adopt pursuant to this section, when a petitioner’s parentage is presumed

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or legally recognized under Rhode Island law, must not be denied solely on the basis that the

petitioner’s parentage is already presumed or legally recognized.

     (i) When parentage is presumed or legally recognized pursuant to Rhode Island law, that

the parties did not petition for adoption pursuant to this section may not be considered as evidence

when two (2) or more presumptions conflict pursuant to § 15-8.1-206, nor in determining the best

interest of the child.

     SECTION 2. This act shall take effect upon passage.

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LC000656

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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 provide a streamlined adoption process for children born through assisted

reproduction and who need adoption to confirm, not establish, their legal parentage to protect them

against discrimination in all jurisdictions.

     This act would take effect upon passage.

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