New Law Reforms Rhode Island's Parentage Laws

PROVIDENCE, RI — The Rhode Island Parentage Act was signed into law Tuesday, reforming the state's out-of date law.

The legislation repeals the state's previous paternity law, which was criticized as "archaic and inequitable," with a more comprehensive approach that includes procedures to establish parentage, genetic testing, surrogacy agreements and assisted reproduction. This is the first time the state has updated its parentage laws in more than four decades.

"Our state’s adoption and parentage laws are significantly outdated, especially toward our state’s loving LGBTQ parents who want nothing more than to love, protect and be responsible for their children," said Rep. Carol Hagan McEntee, one of the bill's sponsors. "These bills are needed because we must acknowledge that our society and its definition of ‘families’ has changed, and we cannot discriminate or put up undue burdens for those who wish nothing more than to love and raise the future members of our society."

McEntee continued that the law is "supremely beneficial" to the children of these couples, "because it allows them to officially have two loving and supportive parents from the moment they are born."

"This bill is specifically about one thing — equality and fairness, especially for the loving parents and their children in this state," McEntee concluded.

The new law goes into effect Jan. 1.

"The Judiciary Committee heard heart-wrenching testimony about the ways in which our outdated laws are impacting parents and children," said Sen. Erin Lynch Prata, the bill's other sponsor. "As our laws stand right now, a couple who have a child via a sperm donor may have to hire a lawyer or advertise to determine parentage in order to terminate the parental rights of an anonymous sperm donor. Parents may be unable to make medical decisions for their child when they’re incapacitated due to complications. This is simply unfair. Rhode Island law needs to be updated so that the state no longer puts up unnecessary obstacles to loving parents simply because they are not heterosexual or have not conceived through traditional reproduction methods."

Gov. Gina Raimondo praised the bill at the ceremonially signing on Tuesday, saying "love is love — it’s as simple as that."

"No parent should have to jump through hoops to receive legal recognition because of their sexual orientation or the circumstances of their child's birth," Raimondo said. "The Rhode Island Uniform Parentage Act enshrines into law our belief in the validity of all paths to parenthood."

Under the new law, there are several paths to legal parentage in Rhode Island: birth, adoption, acknowledgment, adjudication, genetics, assisted reproduction, surrogacy, de facto parentage and presumptions, as well as provides standards to the family court to establish parentage.

Wendy Becker, an advocate and organizer with Rhode Islanders for Parentage Equality and LGBTQ Action RI, said the coronavirus pandemic made the issues with the previous parentage laws even more evident.

"The parents advocating for this bill have shown up again and again to tell painful stories about the fears and consequences of not having a clear legal relationship to their children," Becker said. "The COVID-19 pandemic has made their concerns even more urgent. We thank the members of the House and Senate, including all of the bill’s sponsors, for recognizing that what’s best for Rhode Island and best for families is to ensure that all parents have the ability to protect their children through a secure legal relationship as soon after birth as possible."