(a)  If a marriage is dissolved by final decree of divorce before transfer or implantation of gametes or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a signed record, with notice to the other spouse and the individual giving birth, that, if assisted reproduction were to occur after a divorce, the former spouse would be a parent of the child.

Terms Used In Rhode Island General Laws 15-8.1-706

  • 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
  • Intended parent: means an individual, whether married or unmarried, who manifests an intent to be legally bound as a parent of a child conceived through assisted reproduction or a gestational carrier agreement. 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
  • Parent: means an individual who has established parentage that meets the requirements of 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
  • 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
  • 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
  • Transfer: means a procedure for assisted reproduction by which an embryo or sperm is placed in the body of the individual who will give birth to the child. See Rhode Island General Laws 15-8.1-102

(b)  Consent of an individual to assisted reproduction, pursuant to § 15-8.1-704, may be withdrawn by that person in a signed record, with notice to the individual giving birth and any other intended parent, before transfer or implantation of gametes or embryos. An individual who withdraws consent under this subsection is not a parent of the resulting child.

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