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Is Surrogacy Legal in Rhode Island?

Surrogacy Law in Rhode Island

Rhode Island Surrogacy Law: Types of Surrogacy

In Rhode Island, gestational surrogacy is permitted pursuant to the Rhode Island Parentage Act, R.I.G.L. 15-8.1-801, et seq . Pre-birth orders may be filed and entertained by either the R.I. Family Court or the R.I. Superior Court; post birth orders must be filed in the R.I. Family Court.

Traditional (genetic) surrogacy is not acknowledged in the Rhode Island Parentage Act.

Are There Surrogate Requirements in Rhode Island?

One of the Intended Parents must be a U.S. resident.

Does Rhode Island Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Yes, see above

The conditions under which intended parents could be declared legal parents with a pre-birth order if at least one parent is genetically related to the child are listed below:  No genetic requirement, Intended Parent’s do not need to be married.

Yes

  • Married heterosexual couples, using their own egg and own sperm
  • Unmarried heterosexual couples, using their own egg and own sperm
  • Married heterosexual couples, using a sperm or egg donor
  • Unmarried heterosexual couples, using an egg or sperm donor
  • Same sex couples, using an egg or sperm donor
  • Single parents using an egg or sperm donor

No

n/a

For intended parents who are in no way related to the resulting child, the conditions under which intended parents could be declared legal parents with a pre-birth order are listed below:

Yes

  • Married heterosexual couples
  • Married same sex couples
  • Unmarried heterosexual couples
  • Unmarried same sex couples
  • Single parents

No

n/a

Whose names go on the birth certificate in Rhode Island?

Parents will be listed on the birth certificate as “parent” and “parent.”

Surrogacy Conditions for Same-Sex Couples in Rhode Island

Are There Options for Unmarried Intended Parents in the state of Rhode Island?

Egg Donation Law

The Rhode Island Parentage Act, R.I.G.L. 15-8.1-701 et seq  governs a donor’s rights to children resulting from a surrogacy agreement.

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Rhode Island*

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.