Rhode Island General Laws 15-8.1-114. Binding effect of determination of parentage
(a) Except as otherwise provided in subsection (b) of this section, a determination of parentage shall be binding on:
(1) All signatories to an acknowledgment form of parentage or denial of parentage, as provided in article 3 of this chapter; and
(2) All parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of § 15-8.1-107.
Terms Used In Rhode Island General Laws 15-8.1-114
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Child: means an individual of any age whose parentage may be determined pursuant to this chapter. See Rhode Island General Laws 15-8.1-102
- Determination of parentage: means establishment of a parent-child relationship by a judicial or administrative proceeding or signing of a valid acknowledgement of parentage pursuant to article 3 of this chapter. See Rhode Island General Laws 15-8.1-102
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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. See Rhode Island General Laws 15-8.1-102
- Parent: means an individual who has established parentage that meets the requirements of this chapter. See Rhode Island General Laws 15-8.1-102
- Parentage: means the legal relationship between a child and a parent as established under this chapter. See Rhode Island General Laws 15-8.1-102
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
(b) In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication of the parentage of a child if:
(1) The court acts under circumstances that satisfy the jurisdictional requirements of § 15-8.1-107; and
(2) The final order:
(i) Expressly identified a child as a “child of the marriage” or “issue of the marriage” or by similar words indicates that the parties are the parents of the child; or
(ii) Provides for support of the child by the parent or parents.
(c) Except as otherwise provided in this chapter, a determination of parentage shall be a defense in a subsequent proceeding seeking to adjudicate parentage by a person who was not a party to the earlier proceeding.
(d) Appeal of adjudication.
(1) A party to an adjudication of parentage or a party who received notice under § 15-8.1-106, may challenge the adjudication only by appeal or in a manner otherwise consistent with the rules governing a collateral attack on a judgment.
(2) An individual who has standing under § 15-8.1-105, but who did not receive notice of the adjudication of parentage under § 15-8.1-106, and was not a party to the adjudication, may challenge the adjudication within two (2) years after the effective date of the adjudication. The court, in its discretion, shall permit the proceeding only if it finds that it is in the best interests of the child. If the court permits the proceeding, the court shall adjudicate parentage under § 15-8.1-206.
(e) An appeal of an acknowledgment by a nonsignatory shall be provided in article 3 of this chapter.
(f) A child shall not be bound by a determination of parentage under this chapter unless:
(1) The determination was based on an unrescinded acknowledgment of parentage and the acknowledgment is consistent with the results of genetic testing;
(2) The determination was based on a finding consistent with the results of genetic testing;
(3) The determination of parentage was made under article 7 or 8 of this chapter; or
(4) The child was a party or was represented by an attorney, guardian ad litem, or similar individual in the proceeding in which the child’s parentage was adjudicated.
History of Section.
P.L. 2020, ch. 59, § 2; P.L. 2020, ch. 60, § 2.