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Legal Overview

Summary of State Adoption Laws

RHODEISLAND

General Laws of Rhode Island 15-7-2to 15-7-22(1994)

Who Can Adopt?

 Any person who lives in or outside of Rhode Island can adopt any personyounger than him or herself. A husband and wife must adopt jointly, unlessgood cause is shown.

Who Can Be Adopted?

 Any person may be adopted.

Consent to Adoption

 The following parties shall consent to the adoption:

 (1) the parents of the adoptee;

 (2) the guardian, if there is no parent, or the next of kin of the adoptee.If there is no guardian, the court may appoint some suitable person to give orwithhold consent;

 (3) an adoptee, who is 14 years of age or older.

 (4) If an adoptee is 18 years of age or older, only the adoptee's consent isrequired.

 A minor parent may not consent except with the consent of one of the minorparent's parents, guardian, or guardian ad litem.

 If a noncustodial parent refuses to consent to the adoption, then the courtmay grant the adoption without the noncustodial parent's consent if it has beenproven by clear and convincing evidence that parental rights should beterminated. Grounds for termination of parental rights include:

 (1) the parent has willfully neglected to provide care for the child for atleast 1 year;

 (2) the parent is unfit based on conduct that is seriously detrimental to thechild, such as: parent's mental illness or mental deficiency, parental crueltyor abusive nature, or parental excessive use of drugs or alcohol;

 (3) the parent has placed the child with the Department for Children Youth& Families, a child-placing agency for at least 12 months and the courtfinds that it is improbable that the child will return home; or

 (4) the parent has abandoned or deserted the child.

 Consent to adoption may not take place earlier than 15 days after theadoptee's birth.

Confidentiality

 Nonidentifying information may be released at the discretion of the chiefofficer of the adoption agency. For each adoption the court is required tosubmit a record of the adoption to the State registrar of vital records. Therecord shall include facts that are necessary to locate and identify theadoptee's certificate of birth, or in the case of an adoptee born in a foreigncountry, evidence from reliable sources as to the date and place of theadoptee's birth.

 An adult adoptee, birth parents, an adult genetic sibling of any adoptee, anadoptive parent of a deceased adoptee and any parent or adult sibling of adeceased birth parent may register with the voluntary adoption reunion registryand thus gives authority to the registry to release identifying information toother relevant persons who register.

 Permissible Fees

 There are no provisions in the law regarding permissible fees.

Place of Adoption Hearing

 The law does not specify the county where the adoption hearing may take place.In the case of an adult adoption, the hearing shall take place in the court ofthe county where the adoptive parents live.

Authority To Place Child

 Any duly licensed child placement agency in this State, or governmental child-placingagency is authorized to place the child. Wherever a parent directly places achild with a non-relativeor stepparent, or a non-relativebrings the child into the State for purposes of adoption, they must notify theDepartment of Children and Their Families within 15 days. Failure to do socould result in the court's ordering the removal of the child from theircare.

Relative Adoption

 The preadoption report required of all adopting parents is not required when arelative is adopting the child.

Special Circumstances

 An adoptee shall be placed in an adoptive home of a religious faith asdesignated by the natural parents so far as practicable.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney Referral Service

Rhode Island Bar Association
115 Cedar Street
Providence, RI 02903
(401) 421-5740

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