Same-Sex Couple
How are same-sex parents named on the final birth certificate?
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?
- No, parentage orders require at least one Intended Parent to be a US resident. Moreover, even if one Intended Parent is a US resident, per Rhode Island law, it is not possible to name the Gestational Carrier as a parent on the birth certificate.
Alternatively, can they obtain an initial birth certificate naming only the biological father?
- Yes, if that parent is a US resident.
Can they subsequently obtain a birth certificate naming both fathers?
- Yes, if one intended parent is a US resident.
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Rhode Island (i.e., neither of the Intended Parents lives in Rhode Island)?
If no, will Rhode Island Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?
Second Parent & Stepparent Adoptions for Rhode Island Residents