(a)  An individual consenting to assisted reproduction consistent with this article, an individual who is a parent pursuant to § 15-8.1-703 and § 15-8.1-704, or the individual giving birth, may commence a proceeding in the family court, before, on, or after birth of a resulting child, to obtain a parentage order or determination of parentage:

(1)  Declaring that the intended parent or parents are the parent or parents of the resulting child and ordering that parental rights and responsibilities vest exclusively in the intended parent or parents immediately upon the birth of the child;

(2)  Sealing the record from the public to protect the privacy of the child and the parties;

(3)  Designating the contents of the birth certificate and directing the department of health to designate the intended parent or parents as the parent or parents of the child; or

(4)  For any relief that the court determines necessary and proper.

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Terms Used In Rhode Island General Laws 15-8.1-708

  • 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
  • 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
  • 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
  • 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)  A proceeding under this section may be commenced before, on, or after the birth of the child.

(c)  Neither the donor, the state, nor the department of health is a necessary party to a proceeding under this section.

(d)  The family court shall forward a certified copy of the order issued pursuant to this section to the department of health and to the intended parents or their representative.

(e)  The intended parent or parents and any resulting child shall have access to the court records relating to the proceeding at any time.

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