Rule 36 - Adoption by Step Parent; Grandparent(a) Consent of Step Parent; Grandparent. An adoption petition may be filed when the petitioners are the parent of the child and the parent's spouse or one of the grandparents of the child and the child is residing, at the time the petition is filed, with the petitioners. If the noncustodial parent has not consented to the adoption in writing, the noncustodial parent shall be served in accordance with Rule 32.(b) Failure of Non-custodial Parent to Appear. If the non-custodial parent fails to appear after proper service, the court may enter a default and terminate that noncustodial parent's rights involuntarily. In making the determination, the court shall apply the grounds for termination of parental rights as set forth in G.L. 1956 § 15-7-7. The petitioner need not demonstrate, and the court shall not require, efforts to encourage and strengthen the child's relationship with the noncustodial parent prior to terminating the noncustodial parent's parental rights. Within fourteen (14) days, the petitioner shall prepare and file an appropriate decree, reciting the findings of fact.(c) Refusal of Non-custodial Parent to Consent. If the noncustodial parent appears and refuses to consent to the adoption, then the court shall hold a hearing and may grant the petition without a noncustodial parent's consent if the petitioners prove by clear and convincing evidence any of the grounds set forth in G.L. 1956 § 15-7-7(a)(1), (2), or (4) and that the adoption is in the best interests of the child. The petitioners need not demonstrate, and the court shall not require, efforts to encourage and strengthen the child's relationship with the noncustodial parent prior to terminating the noncustodial parent's parental rights. Within fourteen (14) days, the petitioners shall prepare and file an appropriate decree, reciting the findings of fact. The decree shall contain a certification stating that the decree has been sent to the noncustodial parent at the noncustodial parent's last known address. (d) Consent of Non-custodial Out-of-state or Incarcerated Parent. If the non-custodial parent lives out of state or is incarcerated and wishes to consent to the adoption petition, the noncustodial parent's signature on the adoption petition shall be notarized. The noncustodial parent shall attach a sworn affidavit with the noncustodial parent's name, address, and telephone number and a statement acknowledging parentage of the child and att esting that consent is given knowingly, freely, and voluntarily with full understand ing of the consequences of the consent.Adopted March 1, 2019, effective 7/1/2019; amended April 30, 2019, effective 11/4/2019; amended November 5, 2019, effective 1/6/2020.