Gestational Surrogacy Regulations in Rhode Island

Overview

Gestational Surrogacy is permitted in Rhode Island by Rhode Island Uniform Parentage Act
(RIUPA) §15-8.1-801-809, effective January 1, 2021.

Intended Parents

Age requirement:
21 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Resident status:
Yes*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
21 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy
Resident status:
No
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IP(s) or GC are residents of Rhode Island, and the contents of the Gestational Carrier Agreement were executed in Rohde Island, there is basis for venue in Rohde Island. There is also basis for venue if the child is born in Rohde Island * ´

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational Surrogacy
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes

Birth of Child

Birth in Rhode Island:
Yes
Birth outside of Rhode Island:
Yes

Pre-Birth Orders can be readily obtained by any Intended Parent, whether married or
unmarried, a heterosexual or same-sex couple or individual, and even if neither Intended
Parent is genetically related to the child. Before the birth of the Resulting Child, any party to
the agreement may commence a proceeding in the family court or the superior court to obtain
the Pre-Birth Order.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
Yes
Post-Birth Orders:
Yes

General Information

Will Rhode Island Vital Records honor a Pre-Birth Order from another state:
Yes
What is the typical time frame to obtain a birth certificate after delivery:
3-5 days
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Rhode Island Residents:

*This situation typically arises if the child is born outside of Rhode Island. The parents then return to Rhode Island to obtain a second parent adoption or stepparent adoption in Rhode Island. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Rhode Island?

*Traditional Surrogacy is generally prohibited, unless for a family member. Per RIUPA §15-8.1-801, a surrogate cannot contribute her gametes for the Resulting Child unless entering into an agreement with a family member. Please consult with a local attorney to determine if you can move forward with traditional surrogacy*
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.