State Laws and Legislation

Rhode Island Surrogacy Law

Summary: Rhode Island law does not directly address surrogacy, but it appears to approve of at least some forms of surrogacy. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals has not yet been considered by the courts. 

Explanation: The state statute prohibiting human cloning has an explicit exception for the assisted reproductive technologies used in gestational surrogacy (in which the surrogate mother is not the biological contributor of the egg). However, it should be noted that the Rhode Island legislature enacted a sunset clause, which states that the statute prohibiting cloning will expire on July 7, 2010. 

There is no explicit prohibition in Rhode Island on LGBT couples jointly adopting a child, nor is there an explicit prohibition on LGBT individuals adopting the child of their same-sex partner. 

Citations: R.I. GEN. LAWS §§ 23-16.4-2, 4 (2009).

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Last Updated: 9/10/2009 

Updated: Wed, September 09, 2009 - 11:00:52