(a)  Except as otherwise provided in subsection (b) of this section, the consent described in § 15-8.1-703, must be in a record signed by the individual giving birth to a child conceived by assisted reproduction and the individual who intends to be a parent of the child.

Terms Used In Rhode Island General Laws 15-8.1-704

  • Assisted reproduction: means a method of causing pregnancy other than through sexual intercourse and includes, but is not limited to:

    (i)  Intrauterine, intracervical, or vaginal insemination;

    (ii)  Donation of gametes;

    (iii)  Donation of embryos;

    (iv)  In vitro fertilization and transfer of embryos; and

    (v)  Intracytoplasmic sperm injection. See Rhode Island General Laws 15-8.1-102

  • Birth: includes stillbirth and fetal death. See Rhode Island General Laws 15-8.1-102
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Rhode Island General Laws 15-8.1-102

(b)  In the absence of a record pursuant to subsection (a) of this section, before, on, or after the birth of the child, a court may adjudicate an individual as the parent of a child, if it finds by a preponderance of the evidence that:

(1)  Prior to conception or birth of the child, the parties entered into an agreement that they both intended to be the parents of the child; or

(2)  The parties resided with the child and assumed the duties and responsibilities of parentage.

(c)  The court may order after hearing that the parties be listed on the birth certificate.

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