Rhode Island General Laws
Article 8 - Parentage by Gestational Carrier Agreement
Section 15-8.1-808. - Effect of noncompliance, standard of review, remedies.

§ 15-8.1-808. Effect of noncompliance, standard of review, remedies.
(a) A gestational carrier agreement that does not substantially comply with the requirements of this article is not enforceable.
(b) In the event that a gestational carrier agreement does not substantially comply with the requirements of this article, the family court or the superior court shall determine parentage based on the intent of the parties, including evidence of the intent of the parties at the time of execution.
(c) Except as expressly provided in a gestational carrier agreement and in subsection (d) of this section, in the event of a breach of the gestational carrier agreement by the gestational carrier or the intended parent or parents, the gestational carrier or the intended parent or parents are entitled to all remedies available at law or in equity.
(d) If an individual alleges that the parentage of a child born to a gestational carrier is not the result of assisted reproduction, and this question is relevant to the determination of parentage, the court may order genetic testing.
(e) Specific performance is not an available remedy for a breach by the gestational carrier of any term in a gestational carrier agreement that requires the gestational carrier to be impregnated or to terminate a pregnancy. Specific performance is an available remedy for a breach by the gestational carrier of any term that prevents the intended parent or parents from exercising the full rights of parentage immediately upon the birth of the child.
History of Section.P.L. 2020, ch. 59, § 2; P.L. 2020, ch. 60, § 2.

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