Title 15
Domestic Relations
Chapter 8.1
Uniform Parentage Act
Article 6
Genetic Parentage
R.I. Gen. Laws § 15-8.1-612
§ 15-8.1-612. Precluding establishment of parentage by perpetrator of sexual assault.
(a) In a proceeding in which a person is alleged to have committed a sexual assault that resulted in the birth of a child, the person giving birth may seek to preclude the establishment of the other person's parentage.
(b) This section shall not apply if the person alleged to have committed a sexual assault has previously been adjudicated to be a parent of the child.
(c) A complaint under this section must be preceded by the arrest and charge of the person alleged to have committed a sexual assault in violation of §§ 11-37-2 or 11-37-8.1 on the plaintiff that resulted in the birth of the child.
(d) In a parentage proceeding, the person giving birth may file a complaint, making an allegation under subsection (a) of this section at any time within two (2) years of the alleged sexual assault that resulted in the birth of the child.
(e) During the pendency of proceedings on this complaint, the court may enter temporary orders regarding the defendant's custody, contact and visitation with the child.
(f) The standard of proof that a child was conceived as a result of the person sexually assaulting the person who gave birth to the child may be proven by the plaintiff by clear and convincing evidence that the person was convicted of a sexual assault against the person giving birth and that the child was conceived as a result of the sexual assault.
(g) If the court finds that the burden of proof under subsection (f) of this section is met, the court shall enter an order:
(1) Adjudicating that the person alleged to have committed the sexual assault is not a parent of the child and not entitled to have any contact, custody or visitation with the child;
(2) Requiring the department of health amend the birth certificate to delete the name of the person precluded as a parent; and
(3) Requiring that the person convicted of committing a sexual assault pay child support or birth-related costs, or both, unless the person giving birth requests otherwise.
History of Section.
P.L. 2020, ch. 59, § 2; P.L. 2020, ch. 60, § 2.