Currently, there are no surrogacy laws in Rhode Island. Every surrogacy case goes through the Chief Judge of Family Court in Providence. Because all surrogacy cases are handled by the same person, the legal process of surrogacy in Rhode Island is very consistent.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in Rhode Island, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in Rhode Island.
Yes. Surrogacy is legal in Rhode Island, although there are no laws that expressly permit, prohibit, or regulate it. Instead, all surrogacy cases are taken to the same Chief Judge of Family Court.
Despite the lack of Rhode Island surrogacy laws, surrogacy is still commonplace in Rhode Island.
This is unclear. As with gestational surrogacy, there are no traditional surrogacy laws in Rhode Island. In most cases, traditional surrogacy is treated like an adoption, and requires that the surrogate wait at least 15 days after the child’s birth before she can terminate her parental rights and provide her consent to the adoption.
Legally, traditional surrogacy is a complex process and is very rare. Most surrogate attorneys will only complete gestational surrogacies.
Yes. Compensated surrogacy is legal when pursuing gestational surrogacy. Intended parents are permitted to compensate the surrogate for her time and expenses.
In addition to their base pay, Surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:
Compensated traditional surrogacy; however, has been prohibited in past cases because they are legally viewed as adoptions. Therefore, it is likely that such contracts may be found unenforceable if challenged in a Rhode Island court.
Because there are no surrogacy laws in Rhode Island, there are no specific requirements as to what must be included in the contract. However, intended parents and their surrogates must be represented by separate surrogacy attorneys to ensure their individual rights and interests are protected.
These attorneys will negotiate a contract that addresses the following:
Once the intended parents, the surrogate and her spouse (if applicable) consent to and sign the surrogacy contract, the medical process of surrogacy can begin.
There are no laws on surrogacy in Rhode Island that mention pre-birth parentage orders. However, the judge, who sees all surrogacy cases, has consistently granted pre-birth orders to all intended parents in gestational surrogacy agreements, regardless of marital status, sexual orientation, and regardless of whether or not you have a genetic link to your child.
Below is a list of some of the most frequently asked questions about surrogacy in Rhode Island:
Since Hawaii does not have a statutory rule on this, there is not a specific set of guidelines for when a judge may uphold the validity of a surrogacy arrangement. However, since a surrogacy contract is like any other legal contract, it is presumed that the contract would be enforceable.
No. There are no surrogacy laws in Hawaii that specifically apply to international intended parents. It is important, however, that intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.
In Hawaii, intended parents who use a donor egg, sperm, or embryo must complete an adoption to protect their parental rights. There are no laws governing the rights of egg, sperm, or embryo donors, so it is important to consult with an experienced surrogate attorney to ensure you take the necessary steps to establish your parental rights.
Yes. Same-sex couples and LGBT+ intended parents have the same legal rights and will experience generally the same surrogacy process as opposite-sex couples, with the exception of likely requiring an egg donor or sperm donor to complete the IVF procedure.
Michael Grant, Esq.
Cranston, RI
mbgesq@aol.com
(401) 219-0400
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