(a)  Except as otherwise provided in subsection (b) of this section, a spouse may commence a proceeding to challenge his or her parentage of a child born by assisted reproduction during the marriage within two (2) years after the birth of the child if the court finds that the spouse did not consent to the assisted reproduction before, on, or after the birth of the child or that the spouse withdrew consent pursuant to § 15-8.1-706.

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Terms Used In Rhode Island General Laws 15-8.1-705

  • 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
  • Gamete: means sperm, egg, or any part of a sperm or egg. See Rhode Island General Laws 15-8.1-102
  • 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
  • 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
  • Spouse: includes a partner in a civil union or a partner in a 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

(b)  A spouse or the individual who gave birth to the child may commence a proceeding to challenge the spouse’s parentage of a child born by assisted reproduction at any time if the court determines:

(1)  The spouse neither provided a gamete for, nor consented to, the assisted reproduction;

(2)  The spouse and the individual who gave birth to the child have not cohabited since the probable time of assisted reproduction; and

(3)  The spouse never openly held out the child as his or her child.

(c)  This section shall apply to a spouse’s dispute of parentage even if the marriage is declared invalid after assisted reproduction occurs.

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