Although there are no related statues or published case law in Rhode Island, surrogacy is permitted. All surrogacy cases must be handled by the Rhode Island Superior Court in Providence, which means that there is a great deal of consistency in rulings.
Can a parentage order be obtained for the following?
There are no traditional surrogacy laws in Rhode Island, but the practice often follows adoption proceedings because of the genetic connection between the surrogate and the child. Because of this, the surrogate is required to wait at least 15 days after the baby is born to give her consent to the termination of parental rights. Moreover, compensation for traditional surrogacy has been prohibited in past cases because of the legal trappings of adoption.
However, while traditional surrogacy isn’t prohibited in Rhode Island, many attorneys and agencies advise against it due to the increased legal risks involved because a surrogate legally can’t be forced to give up her parental rights.
Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?
– Both Intended Parent(s) can be named on the parentage order.
– Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.
Intended Parent(s) may be listed as Father-Mother, Parent-Parent, or Father or Mother.
There are no statutes or case law in Rhode Island that address the rights of an egg, sperm, or embryo donor over the donated gametes or a resulting child.
Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.
Although there are no statutes or case law dealing with surrogacy, surrogacy contracts in Rhode Island are recognized and enforced by the state.
Independent counsel is required for all parties involved in a surrogacy agreement.
All parentage orders are heard by the Rhode Island Superior Court. The surrogate is required to attend the hearing, but the Intended Parent(s) are not. However, the surrogate may be excused if she is close to labor.
Because of the surrogacy-friendly courts, international Intended Parent(s) may find doing surrogacy in Rhode Island a straightforward process. International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.
The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.
This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.
Last updated October 2019