Legal note: This page is educational only. Confirm your facts and current law with Rhode Island reproductive counsel before signing an agreement or beginning treatment.
Legal framework
Article 8 of Rhode Island's Uniform Parentage Act governs parentage by gestational-carrier agreement. The statute sets requirements for both the gestational carrier and intended parent or parents, the written agreement, court jurisdiction, termination before embryo transfer, birth orders and parentage at birth.
Eligibility requirements
The statute requires a prospective gestational carrier to be at least 21, complete medical evaluation and an independent mental-health consultation, and have independent legal representation of the carrier's own choosing. Intended parents also must be at least 21, complete medical and mental-health evaluation, and retain independent legal counsel.
The agreement
A gestational-carrier agreement must be written and signed by the parties and must satisfy the statutory terms. At least one intended parent must be a U.S. resident. The agreement may provide compensation and reasonable expenses when negotiated in good faith.
The statute expressly preserves the gestational carrier's authority over health and pregnancy decisions. An agreement cannot validly waive or limit those rights.
Parentage and birth orders
If a compliant gestational-carrier agreement is used, Rhode Island law provides that the intended parent or parents are the legal parent or parents at birth, subject to statutory exceptions. A party may seek a birth order before birth; after birth, the Family Court has jurisdiction over that order.
Termination before transfer
A party may terminate the gestational-carrier agreement before embryo transfer or implantation by giving written notice as required by the statute. The consequences after transfer are different and should be reviewed with counsel.
Noncompliance matters
An agreement that does not substantially comply with the statute may be unenforceable. In that situation, parentage and remedies may require court determination.
Read the general surrogacy legal-process guide or return to the state index.