Rhode Island General Laws 15-8.1-402. Challenge to presumed parent
(a) Except as provided in subsection (b) of this section, a proceeding to challenge the parentage of an individual whose parentage is presumed under § 15-8.1-401, shall be commenced within two (2) years after the birth of the child.
Terms Used In Rhode Island General Laws 15-8.1-402
- Alleged genetic parent: means an individual who is alleged to be, or alleges that the individual is, a genetic parent or possible genetic parent of a child whose parentage has not been adjudicated. See Rhode Island General Laws 15-8.1-102
- Birth: includes stillbirth and fetal death. See Rhode Island General Laws 15-8.1-102
- Child: means an individual of any age whose parentage may be determined pursuant to this chapter. See Rhode Island General Laws 15-8.1-102
- Domestic assault: shall include any offense as set forth in § 12-29-2. See Rhode Island General Laws 15-8.1-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Parent: means an individual who has established parentage that meets the requirements of this chapter. See Rhode Island General Laws 15-8.1-102
- Parentage: means the legal relationship between a child and a parent as established under this chapter. See Rhode Island General Laws 15-8.1-102
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Presumed parent: means a person who is presumed to be the parent of a child under § 15-8. See Rhode Island General Laws 15-8.1-102
- Sexual assault: shall include sexual assault as provided in § 11-37-2, child molestation as provided in § 11-37-8. See Rhode Island General Laws 15-8.1-102
- Sexual exploitation: shall include sexual exploitation of a minor as provided in § 11-9-1, sexual abuse of a vulnerable adult as provided in chapter 37 of Title 11, and similar offenses in other jurisdictions. See Rhode Island General Laws 15-8.1-102
(b) A proceeding to challenge the parentage of an individual whose parentage is presumed under § 15-8.1-401, may be commenced two (2) years or more after the birth of the child in the following circumstances:
(1) A presumed parent who is not the genetic parent of a child and who could not reasonably have known about the birth of the child may commence a proceeding under this section within two (2) years after learning of the child’s birth.
(2) An alleged genetic parent who did not know of the potential genetic parentage of a child and who could not reasonably have known on account of material misrepresentation or concealment may commence a proceeding under this section within two (2) years after discovering the potential genetic parentage.
If the person is adjudicated to be the genetic parent of the child, the court may not disestablish a presumed parent.
(3) Regarding a presumption under § 15-8.1-401(a)(4), another parent of the child may challenge a presumption of parentage if that parent openly held out the child as the presumptive parent’s child due to duress, coercion, or threat of harm. Evidence of duress, coercion, or threat of harm may include whether within the prior ten (10) years, the person presumed to be a parent pursuant to § 15-8.1-401(a)(4), has been convicted of domestic assault, sexual assault, or sexual exploitation of the child or another parent of the child, was subject to a final abuse protection order pursuant to chapter 15 of Title 15, because the person was found to have committed abuse against the child or another parent of the child, or was substantiated for abuse against the child or another parent of the child pursuant to § 11-9-5.3.
(c) Challenges under this section shall be adjudicated pursuant to § 15-8.1-206.
History of Section.
P.L. 2020, ch. 59, § 2; P.L. 2020, ch. 60, § 2; P.L. 2021, ch. 395, § 2, effective July 14, 2021.