R.I. Gen. Laws § 15-8.1-102

Current through 2024 Public Law 457

Section 15-8.1-102 - Definitions

As used in this chapter:

(1) "Acknowledged parent" means an individual who has established a parent-child relationship pursuant to article 3 of this chapter.

(2) "Adjudicated parent" means an individual who has been adjudicated by a court of competent jurisdiction to be a parent of a child.

(3) "Alleged genetic parent" means an individual who is alleged to be, or alleges that the individual is, a genetic parent or possible genetic parent of a child whose parentage has not been adjudicated. The term includes an alleged genetic father and alleged genetic mother. The term does not include:

(i) A presumed parent;

(ii) A person whose parental rights have been terminated or declared not to exist; or

(iii) A donor.

(4) "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.

(5) "Birth" includes stillbirth and fetal death.

(6) "Birth order" means those orders declaring parentage of a child, which may be obtained from a court of competent jurisdiction before or after birth of a child.

(7) "Child" means an individual of any age whose parentage may be determined pursuant to this chapter.

(8) "Determination of parentage" means establishment of a parent-child relationship by a judicial or administrative proceeding or signing of a valid acknowledgement of parentage pursuant to article 3 of this chapter.

(9) "Domestic assault" shall include any offense as set forth in § 12-29-2.

(10) "Donor" means an individual who contributes a gamete or gametes or an embryo or embryos to another individual intended for assisted reproduction or gestation, whether or not for consideration. This term does not include:

(i) An individual who gives birth to a child conceived by assisted reproduction except as otherwise provided in article 8 of this chapter; or

(ii) A parent pursuant to article 7 of this chapter or an intended parent pursuant to article 8 of this chapter.

(11) "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.

(12) "Gamete" means sperm, egg, or any part of a sperm or egg.

(13) "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.

(14) "Gestational carrier agreement" means a contract between an intended parent or parents and a gestational carrier intended to result in a live birth.

(15) "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.

(16) "Marriage" means and includes civil union and any 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.

(17) "Parent" means an individual who has established parentage that meets the requirements of this chapter.

(18) "Parentage" means the legal relationship between a child and a parent as established under this chapter.

(19) "Presumed parent" means a person who is presumed to be the parent of a child under § 15-8.1-401, unless the presumption is overcome in a judicial proceeding, a valid denial of parentage is made under article 3 of this chapter, or a court adjudicates the individual to be a parent.

(20) "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.

(21) "Sexual assault" shall include sexual assault as provided in § 11-37-2, child molestation as provided in §§ 11-37-8.1 and 11-37-8.3, and indecent solicitation of a minor as provided in § 11-37-8.8, and similar offenses in other jurisdictions.

(22) "Sexual exploitation" shall include sexual exploitation of a minor as provided in § 11-9-1, sexual abuse of a vulnerable adult as provided in chapter 37 of title 11, and similar offenses in other jurisdictions.

(23) "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.

(24) "Signatory" means an individual who signs a record.

(25) "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.

(26) "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.

(27) "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.

R.I. Gen. Laws § 15-8.1-102

Added by 2020 Pub. Laws, ch. 60,§ 2, eff. 1/1/2021.

Added by 2020 Pub. Laws, ch. 59,§ 2, eff. 1/1/2021.