(a)  A prospective gestational carrier, that individual’s spouse, if any, and the intended parent or parents may enter into a written agreement that:

(1)  The prospective gestational carrier agrees to pregnancy by means of assisted reproduction;

(2)  The prospective gestational carrier and that individual’s spouse, if any, have no rights and duties as the parents of a child conceived through assisted reproduction; and

(3)  The intended parent or parents will be the parents of any resulting child.

Terms Used In Rhode Island General Laws 15-8.1-802

  • 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
  • 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
  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • 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
  • 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
  • Sign: means , with the intent to authenticate or adopt a record, to:

    (i)  Execute or adopt a tangible symbol; or

    (ii)  Attach to or logically associate with the record an electronic symbol, sound, or process. See Rhode Island General Laws 15-8.1-102

  • Spouse: includes a partner in a civil union or a partner in a legal relationship that provides substantially the same rights, benefits, and responsibilities as marriage and is recognized as valid in the state or jurisdiction in which it was entered. 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
  • United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
  • Witnessed: means that at least one individual is authorized to sign and has signed a record to verify that the individual personally observed a signatory sign the record. See Rhode Island General Laws 15-8.1-102

(b)  A gestational carrier agreement is enforceable only if it meets the following requirements:

(1)  The agreement shall be in writing and signed by all parties;

(2)  The agreement shall not require more than a one-year term to achieve pregnancy; and

(3)  At least one of the intended parents shall be a resident of the United States.

(4)  The agreement shall be executed before the commencement of any medical procedures, other than the medical evaluations required by § 15-8.1-801 and, in every instance, before transfer of embryos or gametes.

(5)  The gestational carrier and the intended parent or parents shall meet the eligibility requirements of § 15-8.1-801.

(6)  If any party is married, the party’s spouse shall be a party to the agreement.

(7)  The gestational carrier and the intended parent or parents shall be represented by independent legal counsel in all matters concerning the agreement and each counsel shall affirmatively so state in a written declaration attached to the agreement. The declarations shall state that the agreement meets the requirements of this chapter and shall be solely relied upon by health care providers and staff at the time of birth and by the department of health for birth registration and certification purposes in the absence of a court order to the contrary.

(8)  The parties to the agreement shall sign a written acknowledgment of having received a copy of the agreement.

(9)  The signing of the agreement shall be witnessed and signed by at least one other individual.

(10)  The agreement shall expressly provide that the gestational carrier:

(i)  Shall undergo assisted reproduction and attempt to carry and give birth to any resulting child;

(ii)  Has no claim to parentage of any resulting children and all rights of parentage shall vest in the intended parent or parents immediately upon the birth of the children, regardless of whether a court order has been issued at the time of birth; and

(iii)  Shall acknowledge the exclusive parentage of the intended parent or parents of all resulting children.

(11)  If the gestational carrier is married, the carrier’s spouse:

(i)  Shall acknowledge and agree to abide by the obligations imposed on the gestational carrier by the terms of the gestational carrier agreement;

(ii)  Has no claim to parentage of any resulting children and all rights of parentage shall vest in the intended parent or parents immediately upon the birth of the children, regardless of whether a court order has been issued at the time of birth; and

(iii)  Shall acknowledge the exclusive parentage of the intended parent or parents of all resulting children.

(12)  The gestational carrier shall have the right to use the services of a health care provider or providers of the gestational carrier’s choosing to provide care during the pregnancy.

(13)  The agreement should provide for the disposition of embryos, if any, in the event of termination of the agreement, the death of an intended parent or parents, or of the divorce of the intended parents before transfer or implantation.

(14)  The intended parent or parents shall:

(i)  Be the exclusive parent or parents and accept parental rights and responsibilities of all resulting children immediately upon birth regardless of the number, gender, or mental or physical condition of the child or children; and

(ii)  Assume responsibility for the financial support of all resulting children immediately upon the birth of the children.

(c)  Except as provided in § 15-8.1-809, a gestational carrier agreement may include provisions for payment of consideration and reasonable expenses to a prospective gestational carrier, provided they are negotiated in good faith between the parties.

(d)  A gestational carrier agreement shall permit the individual acting as a gestational carrier to make all health and welfare decisions regarding the gestational carrier’s health and pregnancy, including, but not limited to, whether to consent to a caesarean section or multiple embryo transfer, and shall not enlarge or diminish the gestational carrier’s right to terminate the pregnancy. Except as otherwise provided by law, any written or verbal agreement purporting to waive or limit these rights is void as against public policy.

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