Surrogacy in Rhode Island

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Surrogacy in Rhode Island

Rhode Island law permits Gestational Surrogacy under the amended Uniform Parentage Act, which took effect on January 1, 2021. The statute only applies if one intended parent is a resident of the United States.

Become a Surrogate Become a Parent

Pre-Birth Parentage Orders

Yes, but at least one Intended Parent must be a US resident.

The county of the gestational carrier’s residence, the county of the intended parents’ residence, or the county where the child will be (or was) born.

Yes, but only the gestational carrier must attend.

Yes, so long as at least one intended parent is a US resident.

Yes, Section 15-8.1-115 requires the state to give full faith and credit to a determination of parentage from another state.

10 days.

Will courts declare intended parents to be a child’s legal parents in a pre-birth order if at least one parent is genetically related to the child (assuming at least one intended parent resides in the US)?

Married heterosexual couple using own egg and own sperm:

Married heterosexual couple using an egg donor or sperm donor:

Unmarried heterosexual couple using own egg and own sperm:

Unmarried heterosexual couple using an egg donor or sperm donor:

Same-sex couple using an egg donor or sperm donor:

Single parent using own egg or sperm:

Will courts declare intended parents to be a child’s legal parents in a pre-birth order if no parent is genetically related to the child (assuming at least one intended parent resides in the US)?

Married heterosexual couple:

Unmarried heterosexual couple:

Same-sex couple:

Single parent:

Same-Sex Couples

“Parent” and “Parent.”

No, Rhode Island law requires at least one intended parent to be a US resident. Moreover, per Rhode Island law, it is not possible to name the gestational carrier as a parent on the birth certificate.

Yes, if that parent is a US resident.

Yes, if one intended parent is a US resident.

Yes.

Second Parent & Stepparent Adoptions for Rhode Island Residents

Yes.

Note: This situation typically arises if the child is born outside the state. The parents (RI residents) then return to Rhode Island to obtain a second parent adoption or stepparent adoption in Rhode Island.

Yes.

Egg, Sperm, & Embryo Donation

Yes, Sec. 15-8.1-702 specifies that a “donor is not a parent of a child conceived through assisted reproduction,” unless the donor intends to parent the child.

Traditional Surrogacy in Rhode Island

Rhode Island law permits traditional surrogacy only if the surrogate is the intended parents’ family member and the surrogacy arrangement and agreement otherwise meets all requirements specified in Article 8 of the Uniform Parentage Act (including the requirement that one of the intended parents resides in the US).

View The Surrogacy Map

State law information provided by the following attorneys practicing Reproductive Law in this state:

Michael B. Grant

East Greenwich, RI
MBGESQ@aol.com
(401) 219-0400

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Kristina Jimenez01/01/2022

The US Surrogacy Law Map™

Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states. The US Surrogacy Law Map™ is protected by US Copyright laws and is the sole and exclusive property of Creative Family Connections LLC (“CFC”).

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