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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:

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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 section:

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

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

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

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     (1) “Assisted reproduction” means the definition provided in § 15-8.1-102.

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

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

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in the state or jurisdiction in which it was entered.

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

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section.

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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consent or notice shall be required.

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

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

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

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

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

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findings of the court demonstrating good cause or required by federal law, for purposes of

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evaluating and granting a petition for adoption pursuant to this section, the court shall not require:

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     (1) An in-person hearing or appearance;

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

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youth and families (DCYF);

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     (3) A criminal-records check;

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

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or the central register; or

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

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

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within thirty (30) days upon finding that:

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

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

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     (2) For non-marital parents:

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

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reproduction; and

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

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

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has been notified or provided consent to the adoption.

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     (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

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petitioner’s parentage is already presumed or legally recognized.

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

 

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

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

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interest of the child.

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     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 provide a streamlined adoption process for children born through assisted

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

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against discrimination in all jurisdictions.

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     This act would take effect upon passage.

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