§ 15-8.1-501. Adjudication.
(a)(1) In a proceeding to adjudicate the parentage of an individual who claims to be a de facto parent of the child, if there is only one other individual who is a parent or has a claim to parentage of the child, the court shall adjudicate the individual who claims to be a de facto parent to be a parent of the child if the individual demonstrates by clear and convincing evidence that:
(i) The individual resided with the child as a regular member of the child’s household for a significant period of time;
(ii) The individual engaged in consistent caretaking of the child;
(iii) The individual undertook full and permanent responsibilities of a parent of the child without expectation of financial compensation;
(iv) The individual held out the child as the person’s child;
(v) The individual established a bonded and dependent relationship with the child which is parental in nature;
(vi) The individual and another parent of the child fostered or supported the bonded and dependent relationship required under subsection (a)(1)(v) of this section; and
(vii) Continuing the relationship between the individual and the child is in the best interests of the child.
(2) A parent of the child may use evidence of duress, coercion, or threat of harm to contest an allegation that the parent fostered or supported a bonded and dependent relationship as provided in subsection (a)(1)(vi) of this section.
Such evidence may include whether within the prior ten (10) years, the individual seeking to be adjudicated a de facto parent has been convicted of domestic assault, sexual assault, or sexual exploitation of the child or another parent of the child, was subject to a final abuse protection order pursuant to chapter 15 of title 15, because the individual was found to have committed abuse against the child or another parent of the child, or was substantiated for abuse against the child or another parent of the child pursuant to chapter 11 of title 40.
(b) In a proceeding to adjudicate the parentage of an individual who claims to be a de facto parent of the child, if there is more than one other individual who is a parent or has a claim to parentage of the child and the court determines that the requirements of subsection (a) of this section are met by clear and convincing evidence, the court shall adjudicate parentage under § 15-8.1-206, subject to other applicable limitations in this chapter.
(c) The adjudication of an individual as a de facto parent under this chapter does not disestablish the parentage of any other parent.
History of Section.P.L. 2020, ch. 59, § 2; P.L. 2020, ch. 60, § 2.