Confirmatory Adoption in Rhode Island: How-To Guide
Confirmatory Adoption in Rhode Island: How-To Guide
R.I. Gen. L. § 15-7-27 (2023) establishes a streamlined process for Rhode Islanders who are already the parents of their children and want to confirm parental rights. This guide summarizes the qualifications, requirements, and steps for confirmatory adoption in the state.*
Why Adopt?
- An adoption decree is a legal confirmation of the parent-child relationship that must be respected by other states. It cannot be revoked or undone once the final decree is issued.
- Adoption is necessary to protect a parent’s right in custody cases and ensure access to important rights and benefits. For more information, see GLAD: Know Your Rights.
Who is Eligible?
Parents qualify for confirmatory adoption under § 15-7-27 when a child is born as a result of assisted reproduction and:
- the parent who gave birth and the spouse were married at the time of the child’s birth, or
- the person who gave birth and the non-marital parent consented to the assisted reproduction, and there are no competing claims of parentage.
What is Required?
Parents seeking confirmatory adoption will need to provide the following forms:
For the “petitioner” section, the non-birth parent should be listed first and birth parent second. This order should be flipped for the “parent” section—birth parent first and non-birth parent second.
- If a new birth certificate is needed, both parents should fill out Part I. If a new birth certificate is not needed (both parents are listed on the current birth certificate and no name change for the child), parents can skip Part I but must check box 15.
- All parents should fill out Part II, including the child’s name on line 22. The other spaces on line 22 should be left blank for the clerk to complete.
(3) Adoption declaration:
This document explains the circumstances of the child’s birth through assisted reproduction, attests to the parents’ consent to assisted reproduction, and attests that no competing claims of parentage exist.
- Below are two templates—one for marital parents and one for non-marital parents. Attorneys or parents should modify as necessary.
- If applicable, parents should be prepared to provide a letter from the sperm bank attesting that the donor gave up their parentage rights.
(4) Marriage certificate, if applicable
(6) Birth certificate
(7) Entry of appearance: to be filled out by the parents’ attorney or the parents themselves, if filing pro se (without an attorney)
What is Not Required?
Unless otherwise ordered by the court for good cause shown or required by federal law, the court
shall not require:
- an in-person hearing or appearance;
- an investigation or home study by the department of children, youth and families (DCYF);
- a criminal-records check;
- verification that the child is not registered with the federal register for missing children or the central register; or
- a minimum residency period in the family’s home.
Do I Need an Attorney?
- No. Parents can secure confirmatory adoption without an attorney.
- If you have questions or need referrals because you would like the help of an attorney, contact GLAD Answers.
What are the Steps?
(1) Filing. Parents file a petition with the Rhode Island Family Court, including all forms listed above. Petitions must be filed using the Judiciary’s EFS (Electronic Filings System), Odyssey File and Serve except for pro se petitioners, who may electronically file documents but are not required to do so.
- Note: There is a fee of $15.00 for processing the adoption and creating the new birth certificate. Make check payable to “General Treasurer, State of Rhode Island” and send it to the Division of Vital Records.
- For further details on filing, see the Family Court’s ECF Guidelines for Domestic Relations Cases, the Rhode Island Judicial Use Guide for Electronic Filing.
(2) Assignment. Upon acceptance of the Case Initiating Documents, the case management system (CMS) will assign a case to a judicial officer.
- Note: If required by federal law or ordered by the court for good cause shown, the court may schedule a hearing, where evidence will be presented about why the adoption should take place. If scheduled, parents or the parents’ attorney should attend the hearing.
- Any additional forms or documents should be filed at the judicial clerk’s office.
(3) Adoption. Provided all forms are completed correctly and there are no competing claims of parentage, the judge will enter an adoption decree confirming that the petitioner has legally adopted the child and both parents are the child’s legal parents.
- Note: If required by federal law or ordered by the court for good cause shown, the court may schedule a hearing, where evidence will be presented about why the adoption should take place. If scheduled, parents or the parents’ attorney should attend the hearing.
- Any additional forms or documents should be filed at the judicial clerk’s office.
- Timing.
- Next steps.
Questions?
If you have further questions about confirmatory adoption, contact GLAD Answers.
This resource was created in partnership with Janene Oleaga, Esq.,Family Formation Attorney and Founder of Oleaga Law LLC.
*Please note that this guide is provided for informational purposes only, and it does not constitute legal advice or form an attorney/client relationship.
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