(a)  In order to execute an agreement to act as a gestational carrier, an individual shall:

(1)  Be at least twenty-one (21) years of age;

(2)  Have completed a medical evaluation;

(3)  Have completed a mental health consultation by a licensed professional who is independent of the facility or providers that undertake the assisted reproduction procedures;

(4)  Have had independent legal representation of the individual’s own choosing, and paid for by the intended parent or parents regarding the terms of the gestational carrier agreement, and have been advised of the potential legal consequences of the gestational carrier agreement; and

(5)  Not have contributed gametes that will ultimately result in an embryo that the gestational carrier will attempt to carry to term, unless the gestational carrier is entering into an agreement with a family member.

Terms Used In Rhode Island General Laws 15-8.1-801

  • 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

  • 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
  • Gestational carrier: means an adult individual who is not an intended parent and who enters into a gestational carrier agreement to bear a child conceived using the gametes of another individual and not the gestational carrier's own, except that an individual who carries a child for a family member using the gestational carrier's own gametes and who fulfills the requirements of article 8 of this chapter is a gestational carrier. See Rhode Island General Laws 15-8.1-102
  • Gestational carrier agreement: means a contract between an intended parent or parents and a gestational carrier intended to result in a live birth. See Rhode Island General Laws 15-8.1-102
  • Intended parent: means an individual, whether married or unmarried, who manifests an intent to be legally bound as a parent of a child conceived through assisted reproduction or a gestational carrier agreement. 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

(b)  Prior to executing a gestational carrier agreement, an individual or individuals intending to become a parent or parents, whether genetically related to the child or not, shall:

(1)  Be at least twenty-one (21) years of age;

(2)  Have completed a medical evaluation and a mental health consultation; and

(3)  Have retained independent legal representation regarding the terms of the gestational carrier agreement and have been advised of the potential legal consequences of the gestational carrier agreement.

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