| 28 | | - | (1) “Assisted reproduction” means the definition provided in § 15-8.1-102. 6 |
|---|
| 29 | | - | (2) “Marriage” means and includes civil union and any legal relationship that provides 7 |
|---|
| 30 | | - | substantially the same rights, benefits, and responsibilities as marriage and is recognized as valid 8 |
|---|
| 31 | | - | in the state or jurisdiction in which it was entered. 9 |
|---|
| 32 | | - | (3) “Petitioners” means the persons filing a petition for adoption in accordance with this 10 |
|---|
| 33 | | - | section. 11 |
|---|
| 34 | | - | (b) Whenever a child is born as a result of assisted reproduction and the person who did 12 |
|---|
| 35 | | - | not give birth is a parent or presumed parent pursuant to § 15-8.1-301, § 15-8.1-401, or § 15-8.1-13 |
|---|
| 36 | | - | 703 and the parents seek to file a petition to confirm parentage through an adoption of the child, 14 |
|---|
| 37 | | - | the court shall permit the parents to file a petition for adoption in accordance with this section. 15 |
|---|
| 38 | | - | (c) A complete petition shall be comprised of the following: 16 |
|---|
| 39 | | - | (1) The petition for adoption signed by both parties; 17 |
|---|
| 40 | | - | (2)(i) A copy of the petitioners’ marriage certificate, if petitioners are married; and 18 |
|---|
| 41 | | - | (ii) A declaration signed by the person giving birth and the person who did not give birth 19 |
|---|
| 28 | + | (1) “Assisted reproduction” means a method of causing pregnancy other than through 6 |
|---|
| 29 | + | sexual intercourse and includes, but is not limited to, the following: intrauterine, intracervical, or 7 |
|---|
| 30 | + | vaginal insemination; donation of gametes; donation of embryos; in vitro fertilization and transfer 8 |
|---|
| 31 | + | of embryos; and intracytoplasmic sperm injection. 9 |
|---|
| 32 | + | (2) “Marriage” means and includes civil union and any legal relationship that provides 10 |
|---|
| 33 | + | substantially the same rights, benefits, and responsibilities as marriage and is recognized as valid 11 |
|---|
| 34 | + | in the state or jurisdiction in which it was entered. 12 |
|---|
| 35 | + | (3) “Petitioners” means the persons filing a petition for adoption in accordance with this 13 |
|---|
| 36 | + | section. 14 |
|---|
| 37 | + | (b) Whenever a child is born as a result of assisted reproduction and the person who did 15 |
|---|
| 38 | + | not give birth is a parent or presumed parent pursuant to § 15-8.1-301, § 15-8.1-401, or § 15-8.1-16 |
|---|
| 39 | + | 703 and the parents seek to file a petition to complete an adoption of the child to confirm parentage, 17 |
|---|
| 40 | + | the court shall permit the parents to file a petition for adoption in accordance with this section. 18 |
|---|
| 41 | + | (c) A complete petition shall be comprised of the following: 19 |
|---|
| 44 | | - | LC000656/SUB A/2 - Page 2 of 4 |
|---|
| 45 | | - | explaining the circumstances of the child’s birth through assisted reproduction, attesting to their 1 |
|---|
| 46 | | - | consent to assisted reproduction, and attesting that no competing claims of parentage exist; and 2 |
|---|
| 47 | | - | (3) A certified copy of the child’s birth certificate. 3 |
|---|
| 48 | | - | (d) A complete petition for adoption, as described in subsection (c) of this section, shall 4 |
|---|
| 49 | | - | serve as the petitioners’ written consents to adoption required by § 15-7-5, and no additional 5 |
|---|
| 50 | | - | consent or notice shall be required. 6 |
|---|
| 51 | | - | (e) If the petitioners conceived through assisted reproduction with donor gamete(s) or 7 |
|---|
| 52 | | - | donor embryo(s) pursuant to article 7 of chapter 15-8.1 ("uniform parentage act"), the court shall 8 |
|---|
| 53 | | - | not require notice of the adoption to the donor or consent to the adoption by the donor, including 9 |
|---|
| 54 | | - | notice pursuant to § 15-7-9 or § 15-7-26. 10 |
|---|
| 55 | | - | (f) Unless otherwise ordered by the court for good cause shown and supported by written 11 |
|---|
| 56 | | - | findings of the court demonstrating good cause or required by federal law, for purposes of 12 |
|---|
| 57 | | - | evaluating and granting a petition for adoption pursuant to this section, the court shall not require: 13 |
|---|
| 58 | | - | (1) An in-person hearing or appearance; 14 |
|---|
| 59 | | - | (2) An investigation or home study by, notice to, or approval of the department of children, 15 |
|---|
| 60 | | - | youth and families (DCYF); 16 |
|---|
| 61 | | - | (3) A criminal-records check; 17 |
|---|
| 62 | | - | (4) Verification that the child is not registered with the federal register for missing children 18 |
|---|
| 63 | | - | or the central register; or 19 |
|---|
| 64 | | - | (5) A minimum residency period in the home of the petitioners. 20 |
|---|
| 65 | | - | (g) The court shall grant the adoption under this section and issue a decree of adoption 21 |
|---|
| 66 | | - | within thirty (30) days upon finding that: 22 |
|---|
| 67 | | - | (1) For marital parents, the parent who gave birth and the spouse were married at the time 23 |
|---|
| 68 | | - | of the child’s birth and the child was born through assisted reproduction; or 24 |
|---|
| 69 | | - | (2) For non-marital parents: 25 |
|---|
| 70 | | - | (i) The person who gave birth and the non-marital parent consented to the assisted 26 |
|---|
| 71 | | - | reproduction; and 27 |
|---|
| 72 | | - | (ii) There are no competing claims of parentage or that any other person with a claim to 28 |
|---|
| 73 | | - | parentage of the child who is required to be provided notice of, or who must consent to, the adoption 29 |
|---|
| 74 | | - | has been notified or provided consent to the adoption. 30 |
|---|
| 75 | | - | (h) A petition to adopt pursuant to this section, when a petitioner’s parentage is presumed 31 |
|---|
| 76 | | - | or legally recognized under Rhode Island law, must not be denied solely on the basis that the 32 |
|---|
| 77 | | - | petitioner’s parentage is already presumed or legally recognized. 33 |
|---|
| 78 | | - | (i) When parentage is presumed or legally recognized pursuant to Rhode Island law, that 34 |
|---|
| 44 | + | LC000656 - Page 2 of 4 |
|---|
| 45 | + | (1) The petition for adoption signed by both parties; 1 |
|---|
| 46 | + | (2)(i) A copy of the petitioners’ marriage certificate, if petitioners are married; and 2 |
|---|
| 47 | + | (ii) A declaration signed by the person giving birth and the person who did not give birth 3 |
|---|
| 48 | + | explaining the circumstances of the child’s birth through assisted reproduction, attesting to their 4 |
|---|
| 49 | + | consent to assisted reproduction, and attesting that no competing claims of parentage exist; and 5 |
|---|
| 50 | + | (3) A certified copy of the child’s birth certificate. 6 |
|---|
| 51 | + | (d) A complete petition for adoption, as described in subsection (c) of this section, shall 7 |
|---|
| 52 | + | serve as the petitioners’ written consents to adoption required by § 15-7-5, and no additional 8 |
|---|
| 53 | + | consent or notice shall be required. 9 |
|---|
| 54 | + | (e) If the petitioners conceived through assisted reproduction with donor gamete(s) or 10 |
|---|
| 55 | + | donor embryo(s) pursuant to article 7 of chapter 15-8.1 ("uniform parentage act"), the court shall 11 |
|---|
| 56 | + | not require notice of the adoption to the donor or consent to the adoption by the donor, including 12 |
|---|
| 57 | + | notice pursuant to § 15-7-9 or § 15-7-26. 13 |
|---|
| 58 | + | (f) Unless otherwise ordered by the court for good cause shown and supported by written 14 |
|---|
| 59 | + | findings of the court demonstrating good cause, for purposes of evaluating and granting a petition 15 |
|---|
| 60 | + | for adoption pursuant to this section, the court shall not require: 16 |
|---|
| 61 | + | (1) An in-person hearing or appearance; 17 |
|---|
| 62 | + | (2) An investigation or home study by, notice to, or approval of the department of children, 18 |
|---|
| 63 | + | youth and families (DCYF); 19 |
|---|
| 64 | + | (3) A criminal-records check; 20 |
|---|
| 65 | + | (4) Verification that the child is not registered with the federal register for missing children 21 |
|---|
| 66 | + | or the central register; or 22 |
|---|
| 67 | + | (5) A minimum residency period in the home of the petitioners. 23 |
|---|
| 68 | + | (g) The court shall grant the adoption under this section and issue a decree of adoption 24 |
|---|
| 69 | + | within thirty (30) days upon finding that: 25 |
|---|
| 70 | + | (1) For marital parents, the parent who gave birth and the spouse were married at the time 26 |
|---|
| 71 | + | of the child’s birth and the child was born through assisted reproduction; or 27 |
|---|
| 72 | + | (2) For non-marital parents: 28 |
|---|
| 73 | + | (i) The person who gave birth and the non-marital parent consented to the assisted 29 |
|---|
| 74 | + | reproduction; and 30 |
|---|
| 75 | + | (ii) There are no competing claims of parentage or that any other person with a claim to 31 |
|---|
| 76 | + | parentage of the child who is required to be provided notice of, or who must consent to, the adoption 32 |
|---|
| 77 | + | has been notified or provided consent to the adoption. 33 |
|---|
| 78 | + | (h) A petition to adopt pursuant to this section, when a petitioner’s parentage is presumed 34 |
|---|