Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Rhode Island may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the
important parts of Rhode Island child adoption law regarding the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
Consent to Adoption
Who Must Consent to an Adoption
Citation: Gen. Laws §§ 15-7-5; 15-7-10
The parents of the child, or their survivor, shall consent in writing to the adoption. If neither parent is living, consent may be given by:
The guardian of the person of the child
The next of kin, if there is no guardian
A suitable person appointed by the court as next friend of the child, if there is no next of kin
If the child to be adopted is age 18 or older, the consent of, or notice to, the child's parents or other person in the child's behalf shall not be required.
No minor parent may give a binding consent to any adoption petition or to any termination of rights except with the consent of one of the parents, guardian, or guardian ad litem of the minor parent.
When the petitioners are one of the natural parents of the child and his or her spouse or one of the grandparents of the child and the child is residing, at the time the petition is filed, with the
petitioners, if the noncustodial parent refused to consent to the adoption, the court shall determine whether the noncustodial parent's rights shall be terminated involuntarily. The court may grant the
petition without a noncustodial parent's consent if the petitioners prove by clear and convincing evidence any of the grounds set forth in § 15-7-7(a)(1), (2), or (4). The court shall give primary
consideration to the physical, psychological, mental, and intellectual needs of the child.
Age When Consent of Adoptee is Considered or Required
Citation: Gen. Laws § 15-7-5
If the child is age 14 or older, the adoption shall not be made without the child's consent.
When Parental Consent is not Needed
Citation: Gen. Laws § 15-7-7
The court shall terminate any and all legal rights of the parent to the child, including the right to notice of any subsequent adoption proceedings involving the child, if the court finds as a fact by
clear and convincing evidence that:
The parent has willfully neglected to provide proper care and maintenance for the child for a period of at least 1 year where financially able to do so.
The parent is unfit by reason of conduct or conditions seriously detrimental to the child; such as, but not limited to:
Institutionalization of the parent, including imprisonment, for a duration as to render it improbable for the parent to care for the child for an extended period of time
Conduct toward any child of a cruel or abusive nature
A chronic substance abuse problem that has made the parent unable to adequately care for the child
Inability to correct conditions that led to termination of rights to another child
Subjecting the child to aggravated circumstances, including abandonment, torture, chronic abuse, or sexual abuse
Commission of murder, voluntary manslaughter, or felony assault resulting in serious bodily injury on that child or another of his or her children
Behavior or conduct that is seriously detrimental to the child, for a duration as to render it improbable for the parent to care for the child for an extended period of time
The child has been placed in the legal custody or care of the department for at least 12 months, and the parents were offered or received services to correct the situation that led to the placement, and
it is still unsafe for the child to return home.
The parent has abandoned or deserted the child.
When Consent Can Be Executed
Citation: Gen. Laws § 15-7-6
Termination of rights or consent to adoption may not be executed sooner than 15 days after the child's birth.
Revocation of Consent
Citation: Gen. Laws § 15-7-21.1
A decree of adoption or a termination of a parent's right to give or withhold consent for adoption shall not be subject to a challenge or petition to reverse unless the challenge or petition is filed in
the family court 180 days after the decree or order is entered.
In the event a challenge is brought within the 180-day period by an individual whose parental relationship to an adopted person is terminated, or by any individual who is asserting a parental relationship
to the adopted person, the family court shall deny the challenge unless the court finds by clear and convincing evidence that the decree or order is not in the best interest of the adopted person.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: § 15-7-26
The putative father must appear at the adoption proceedings and claim rights to the child.
The putative father is given notice of the adoption proceedings if he is identified to the satisfaction of the court.
Please visit adoption law in Rhode Island for more details. |