Surrogacy in Rhode Island

Gestational Surrogacy in Rhode Island

Surrogacy is legal in Rhode Island. Rhode Island may be small, but it sure is mighty when it comes to gestational surrogacy. Effective January 1, 2021, Rhode Island’s Uniform Parentage Act provides equal protection for all children, including those born through surrogacy. The only substantive requirement is that one intended parent must be a resident of the United States, so international intended parents will need to look elsewhere for a gestational carrier. For the Gestational Carrier Act, the law has specific requirements of what must be included (R.I. Gen. Laws § 15-8.1-802).

Understanding Surrogacy Laws in Rhode Island

Rhode Island’s Uniform Parentage Act ensures parental rights are vested immediately upon birth (R.I. Gen. Laws § 15-8.1-803). This law authorizes pre-birth orders for all intended parents regardless of medical need status, marital status, sexual orientation, or genetic connection.

Legal Parentage

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Rhode Island Office of Vital Records to name the intended parents on the child’s birth certificate. Rhode Island generally has a process for pre-birth orders that establish the intended parents’ legal parental rights.

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage. Rhode Island permits post-birth orders.

Common Questions About Rhode Island Surrogacy Law

Do You Need a Medical Need for Surrogacy in Rhode Island?

Rhode Island does not require a medical need for surrogacy.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

Rhode Island permits married couples, partners, and single individuals to pursue surrogacy, regardless of marital status.

Do Intended Parent(s) need a genetic connection to the embryo?

In Rhode Island, intended parents do not need a genetic connection to an embryo.

Can International Intended Parent(s) Pursue Surrogacy in Rhode Island?

No, International parents cannot pursue surrogacy in Rhode Island. Rhode Island requires at least one of the intended parents to be a United States resident.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, Rhode Island allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in Rhode Island. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Rhode Island

Generally no. Intended parents do not need to be Rhode Island residents for the Act to carry out a surrogacy journey in Rhode Island, but they do need to be residents of the United States. Similarly, Gestational Carriers are not required to reside in Rhode Island, but they do need to be permanent residents or citizens of the United States.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

The Rhode Island Parentage Act outlines the rights and responsibilities of surrogates. Learn more about surrogate rights.