Rhode Island General Laws
Article 8 - Parentage by Gestational Carrier Agreement
Section 15-8.1-804. - Birth orders.

§ 15-8.1-804. Birth orders.
(a) Before the birth of a resulting child, a party to a gestational carrier agreement may commence a proceeding in the family court or the superior court to obtain a birth order declaring the parentage of a child. After the birth of a resulting child, the family court shall have exclusive jurisdiction over a birth order.
(b) The birth order shall:
(1) Declare that at least one of the intended parents is a United States resident;
(2) Declare that the intended parent or parents are the parent or parents of the resulting child and that parental rights and responsibilities vest exclusively in the intended parent or parents immediately upon the birth of the child;
(3) Designate the contents of the birth certificate and direct the department of health to designate the intended parent or parents as the parent or parents of the child. The department of health may charge a reasonable fee for the issuance of a birth certificate;
(4) Seal the record from the public to protect the privacy of the child and the parents; and
(5) Provide any relief the court determines necessary and proper.
(c) Neither the state nor the department of health is a necessary party to a proceeding under subsection (a) of this section. Any party to the gestational carrier agreement not joining in the complaint must be served with notice of the proceeding.
(d) A complaint for an order of parentage under this section must be verified and include the following:
(1) A certification from the attorney representing the intended parent or parents and the attorney representing the person acting as a gestational carrier that the requirements of §§ 15-8.1-801 and 15-8.1-802 have been met; and
(2) A statement from all parties to the gestational carrier agreement that they entered into the agreement knowingly and voluntarily.
(e) Where the court finds that the requirements of §§ 15-8.1-801 and 15-8.1-802 have been satisfied, the order of parentage will include the following:
(1) Declaring, that upon the birth of the child born during the term of the gestational carrier agreement, the intended parent or parents is/are the legal parent or parents of the child;
(2) Declaring, that upon birth of the child born during the term of the gestational carrier agreement, the individual acting as the gestational carrier, and the spouse of the individual acting as the gestational carrier, if any, is not the legal parent of the child;
(3) Ordering the individual acting as a gestational carrier and the spouse of the individual acting as a gestational carrier, if any, to transfer the child to the intended parent or parents if this has not already occurred;
(4) Ordering the intended parent or parents to assume responsibility for the maintenance and support of the child immediately upon the birth of the child if this has not already occurred; and
(5) Designating the contents of the birth certificate and directing the department of health to designate the intended parent or parents as the parent or parents of the child.
(f) The court shall forward a certified copy of the order issued pursuant to this section to the department of health and the intended parents or their representative.
(g) The intended parent or parents and any resulting child shall have access to their court records at any time.
History of Section.P.L. 2020, ch. 59, § 2; P.L. 2020, ch. 60, § 2.