Rhode Island surrogacy laws & gestational process guidelines

Is Gestational Surrogacy Legal in Rhode Island?

Yes. Gestational surrogacy is legal and specifically regulated in Rhode Island. The Rhode Island Uniform Parentage Act sets eligibility requirements for surrogates and intended parents, establishes requirements for enforceable gestational carrier agreements, and provides a clear legal process for parentage.

Is Traditional Surrogacy Legal in Rhode Island?

Traditional, or genetic, surrogacy is much more limited in Rhode Island. Under the Uniform Parentage Act, a gestational carrier generally cannot contribute the egg used to create the pregnancy. An exception exists when the carrier enters into the agreement with a family member and otherwise meets the requirements of the law.

If a gestational carrier is found to be genetically related to the child outside that family-member exception, parentage must be determined by the Family Court under Rhode Island’s general parentage laws.

Because traditional surrogacy involves a genetic relationship between the surrogate and child and falls outside the usual gestational surrogacy framework, it is used far less often and should be approached cautiously with experienced reproductive counsel.

Is Compensated Surrogacy Legal in Rhode Island?

Yes. Compensated gestational surrogacy is legal in Rhode Island. A gestational carrier agreement may include compensation and reasonable expenses when those terms are negotiated in good faith between the parties.

Rhode Island law also makes the intended parent or parents responsible for the surrogate’s assisted reproduction, prenatal, labor, and delivery health care costs that are not covered by insurance. The agreement must explain how those costs will be paid.

In addition to their base pay, Surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:

• Mock cycle compensation
• Embryo transfer compensation
• Starting medication compensation
• Monthly allowance for miscellaneous expenses
• Monthly Housekeeping budget
• Maternity clothing budget
• Medical expenses
• Travel to and from clinic/hospital
• Lost wages if applicable
• Child care if bed rest is required
• Term life insurance
• Medical insurance
• Independent legal counsel
• Psychological counseling
• Other depending on agency

Creating a Rhode Island Surrogacy Contract

Rhode Island law sets specific requirements for an enforceable gestational carrier agreement.
The agreement must be in writing and signed by all parties, including the spouse of any married party. It must be completed before embryo or gamete transfer and generally cannot require more than one year to achieve pregnancy. At least one intended parent must also be a resident of the United States.

Both the surrogate and intended parent or parents must have independent legal representation, and the agreement must address parentage, financial responsibilities, the surrogate’s health care, and other responsibilities during the journey.

Importantly, the agreement must preserve the surrogate’s right to make decisions about her own health and pregnancy, including decisions involving cesarean delivery, multiple embryo transfer, and pregnancy termination. Any provision attempting to waive or restrict those rights is void.

Determining Legal Parentage in Rhode Island

Rhode Island provides a clear legal process for establishing intended-parent parentage.
When a gestational carrier agreement complies with the law, the intended parent or parents become the child’s legal parents immediately upon birth. The gestational carrier and her spouse, if any, are not considered the child’s legal parents.

A party to the agreement may also ask the Family Court or Superior Court for a birth order before the child is born. The order can confirm intended-parent parentage and direct the Department of Health to list the intended parent or parents on the child’s birth certificate.