(a)  In a proceeding to adjudicate competing claims of parentage or challenges to a child‘s parentage by two (2) or more persons, the court shall adjudicate parentage in the best interests of the child, based on the following factors:

(1)  The age of the child;

(2)  The length of time during which each individual assumed the role of parent of the child;

(3)  The nature of the relationship between the child and each individual;

(4)  The harm to the child if the relationship between the child and each individual is not recognized;

(5)  The basis for each individual’s claim to parentage of the child;

(6)  Other considerations arising from the disruption of the relationship between the child and each individual or the likelihood of other harm to the child; and

(7)  Other equitable factors that the court deems relevant to the child’s best interests.

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Terms Used In Rhode Island General Laws 15-8.1-206

  • 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
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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)  If a person challenges parentage based on the results of genetic testing, in addition to the factors listed in subsection (a) of this section, the court shall consider:

(1)  The facts surrounding the discovery the individual might not be the genetic parent of the child; and

(2)  The length of time between that of the time the individual was placed on notice that the individual might not be a genetic parent and the commencement of the proceeding.

History of Section.
P.L. 2020, ch. 59, § 2; P.L. 2020, ch. 60, § 2.