(a)  If an individual who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer of a gamete or embryo and the birth of the child, the individual’s death does not preclude the establishment of the individual’s parentage of the child if the individual otherwise would be a parent of the child pursuant to this article.

Terms Used In Rhode Island General Laws 15-8.1-707

  • Assisted reproduction: means a method of causing pregnancy other than through sexual intercourse and includes, but is not limited to:

    (i)  Intrauterine, intracervical, or vaginal insemination;

    (ii)  Donation of gametes;

    (iii)  Donation of embryos;

    (iv)  In vitro fertilization and transfer of embryos; and

    (v)  Intracytoplasmic sperm injection. 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
  • Embryo: means a cell or group of cells containing a diploid complement of chromosomes or a group of such cells, not including a gamete, that has the potential to develop into a live born human being if transferred into the body of a person under conditions in which gestation may be reasonably expected to occur. 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.
  • Gamete: means sperm, egg, or any part of a sperm or egg. See Rhode Island General Laws 15-8.1-102
  • 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
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Rhode Island General Laws 15-8.1-102
  • Transfer: means a procedure for assisted reproduction by which an embryo or sperm is placed in the body of the individual who will give birth to the child. See Rhode Island General Laws 15-8.1-102

(b)(1)  If an individual who consented in a record to assisted reproduction by the individual giving birth to the child dies before transfer or implantation of gametes or embryos, the deceased individual is not a parent of a child conceived by assisted reproduction unless:

(i)  The deceased individual consented in a record that if assisted reproduction were to occur after the death of the deceased individual, the deceased individual would be a parent of the child; or

(ii)  The deceased individual’s intent to be a parent of a child conceived by assisted reproduction after the individual’s death is established by a preponderance of the evidence.

(2)  An individual is a parent of a child conceived by assisted reproduction under subsection (b)(1) of this section, only if:

(i)  The embryo is in utero not later than thirty-six (36) months after the individual’s death; or

(ii)  The child is born not later than forty-five (45) months after the individual’s death.

History of Section.
P.L. 2020, ch. 59, § 2; P.L. 2020, ch. 60, § 2.