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Rhode Island Adoption Statute and Law
Chapter 15-7:
Adoption of Children
Sections 1-26
(This page was last updated on (10/17/13.)
Index Of Sections
§ 15-7-1 [Repealed.].
§ 15-7-2 Report, investigation, and hearing on placement of child for adoption.
§ 15-7-2.1 Pre-adoption report on child placed for adoption.
§ 15-7-3 Report, investigation, and hearing on child brought into state for adoption.
§ 15-7-4 Petition to adopt – Court having jurisdiction.
§ 15-7-5 Consent required.
§ 15-7-5.1 Contact preference form information.
§ 15-7-6 Waiver of parents' right to consent – Guardianship of agency.
§ 15-7-7 Termination of parental rights.
§ 15-7-7.1 Court proceedings.
§ 15-7-7.2 Mediation of termination of parental rights.
§ 15-7-8 Notice to parents – Notice when no parent living or when parent in mental institution.
§ 15-7-9 Notice to parent whose whereabouts unknown.
§ 15-7-10 Consent of minor parents.
§ 15-7-11 Investigation and report as to adoptive home.
§ 15-7-12 Trial period of residence.
§ 15-7-13 Consideration of religion of child or parents.
§ 15-7-14 Decree of adoption.
§ 15-7-14.1 Decree of open adoption.
§ 15-7-15 Decree of change of name.
§ 15-7-16 Inheritance by and from adoptive kindred.
§ 15-7-17 Rights of natural parents terminated – Inheritance by child from natural parents.
§ 15-7-18 Denial of petition – Order as to custody of child.
§ 15-7-19 Appeal from the family court.
§ 15-7-20 Jurisdiction of child pending appeal.
§ 15-7-21 [Repealed.].
§ 15-7-21.1 Challenge to decree.
§ 15-7-22 Penalty for violations or false statements.
§ 15-7-23 Complaints.
§ 15-7-24 Attendance at hearing.
§ 15-7-25 Reimbursement to adoptive parents.
§ 15-7-26 Notice to natural father.
§ 15-7-1 [Repealed.].
§ 15-7-2 Report, investigation, and hearing on placement of child for adoption. – (a) Whenever a parent or parents places a child with a
person or persons, other than a father, brother, sister, aunt, uncle, grandparent, or stepparent of the child for adoption purposes, the person or persons
with whom the child has been placed for adoption shall, within fifteen (15) days of the placement, notify the department of children, youth, and families
of the placement.
(b) The willful failure, neglect, or refusal of the person or persons with whom the child has been placed to make the report within fifteen (15) days
shall be considered in violation of this chapter and prejudicial to the best interests of the child. The department shall, when it receives the notice or
when it receives notice from any source that the person or persons with whom the child has been placed has failed, refused, or neglected to make the report
within fifteen (15) days of placement, make any investigation that it deems necessary in the circumstances.
(c) The results of the investigation shall be then referred to the family court within sixty (60) days of the receipt by the department of the notice.
(d) The family court, after any notice that it deems proper to the parent or parents and the person or persons with whom the child has been placed,
shall hold a hearing to determine whether the placement of the child is or is not for the best interest of the child.
(e) If the court finds that the placement is not for the best interest of the child, or is contrary to law, it shall order that the child be returned
to its parent or parents or placed with the department or a licensed child placing agency or with whomsoever the court deems for the best interest of the
child.
§ 15-7-2.1 Pre-adoption report on child placed for adoption. – (a) Notwithstanding any other law or regulation, in those cases where a child
is placed for adoption by the department of children, youth and families or a licensed child placement agency, the agency shall provide a pre-adoption report
in writing to the prospective adoptive parents as early as practicable after the filing of a termination of parental rights or direct consent adoption petition
and before a prospective adoptive parent agrees to accept the child for purposes of adoption. The pre-adoptive report shall include the following information
that is reasonably available within the records of the department of children, youth and families or the licensed child placement agency that is placing
a child for adoption:
(1) A current medical, dental, developmental and psychological history of the child, including an account of the child's prenatal care, medical condition
at birth, developmental milestones; any medical, psychological or psychiatric examination and diagnosis related to the child; any physical, sexual or emotional
abuse or neglect suffered by the child; any developmental assessment and a record of any immunizations and health care received while the child was in foster
or other care; the child's enrollment and performance in school and any special educational needs and any adjudications of waywardness and/or delinquency.
(2) If the child has undergone any genetic testing, and the agency is aware of the results, those results must be disclosed in the report to the prospective
adoptive parents.
(3) If the child has been tested for HIV, and the agency is aware of the results, those results must be disclosed in the report to the prospective adoptive
parents.
(4) The age, race, religion, ethnicity and general physical appearance of biological parents.
(5) The educational levels of biological parents, including any known diagnosed learning disabilities.
(6) The relationship between biological parents; the age and sex of any other children born to the biological parents and if a parent is deceased, the
cause of and the age at death.
(7) Nonidentifying medical, substance abuse and mental health histories of the biological parents and siblings; the medical and mental health histories
shall include drugs and medications taken by the child's biological mother during pregnancy, any known allergies, hereditary, genetic or metabolic diseases.
(8) The circumstances of any judicial order terminating the parental rights of a parent for abuse, neglect, abandonment, or other mistreatment of the
child.
(9) The length of time the child has been in the care of the agency and the child's placement history.
(10) Any information necessary to determine the child's eligibility for state or federal benefits.
(11) No information provided under subsection (a) shall disclose the name, or last known address of the biological relatives.
(b) A report furnished under this section must be signed and dated by the individual who prepared the report.
(c) Any report regarding the child, furnished pursuant to subsection (a)(1) of this section may disclose the identity of providers of professional services
to the child.
(d) The agency shall not be liable for the accuracy and completeness and shall be held harmless for information provided by the biological parents and
others that it reasonably relies on to prepare the preadoption report.
(e) Any of the information listed in subsection (a), in the possession of the department of children, youth and families that is related to adoption
proceedings completed prior to the effective date of this act [July 8, 2005] shall be supplied to the adoptive parents or an adoptee under this section,
who is 18 years of age or over, upon request.
(f) If information listed in subsection (a) that was not available at the time the preadoption report was forwarded to the prospective adoptive parents
becomes available prior to the adoption proceeding, the director shall prepare a supplemental written report detailing said information. If subsequent to
the adoption, the biological parent or sibling contacts the agency for the purpose of sharing information about a genetic or hereditary illness, disease
or condition that may affect the adoptee's health, the agency shall make reasonable efforts to contact and forward the information in a manner that does
not identify the birth relative, to an adoptee who is 18 or more years of age or to the adoptive parents of an adoptee who is less than 18 years of age.
(g) All information and documentation provided in accordance with subsection (a), is confidential and remains the property of the person/agency making
the full disclosure until the adoption is final. If the prospective adoptive parent refuses or terminates the placement, all information and documentation
provided regarding the child and his/her birth family shall be returned to the person/agency providing full disclosure. A prospective adoptive parent shall
not disclose any confidential information, except as necessary to make a placement/adoption decision or to provide to professionals who are treating, assessing
or educating the child.
(h) This section does not apply to a stepparent adoption, or the adoption of a child related to the petitioner by marriage, blood or adoption.
(i) Any adoptee under this section, who is 18 years of age or over shall be given the information in subsection (a)(1) upon written request.
(j) Nothing contained herein shall prohibit the voluntary exchange of identifying information between mutually consenting biological parents and adoptive
parents and adoptees, 18 years of age or older.
§ 15-7-3 Report, investigation, and hearing on child brought into state for adoption. – (a) Whenever any person or persons brings or causes
to be brought a child, not related to him or her or them, into this state for the purpose of adoption, he or she or they shall make a report to the department
of children, youth and families within fifteen (15) days of the entry of the child into this state.
(b) The willful failure, neglect, or refusal of the person or persons having brought or having caused the child to be brought into this state to make
the report shall be considered a violation of this chapter and prejudicial to the best interest of the child. The department, upon receipt of the notice
or when it receives notice from any source that the person or persons having brought or having caused the child to be brought into this state has or have
willfully failed, refused, or neglected to make the report, shall make any investigation that it deems necessary in the circumstances and report the results
of that investigation to the family court within sixty (60) days after receipt of the notice.
(c) The family court, after any notice that it deems proper to the parent or parents, and the person or persons having brought, or having caused to
be brought, the child into this state, shall, after the filing of the report, hold a hearing to determine whether the proposed placement for adoption is
or is not for the best interest of the child.
(d) If the court finds that the proposed placement for adoption is not for the best interest of the child, it shall order that the child be returned
to its parent or parents or placed through the department or a licensed child placing agency or with whomsoever the court deems for the best interest of
the child.
§ 15-7-4 Petition to adopt – Court having jurisdiction. – (a) Any person residing in Rhode Island may petition the family court for
leave to adopt as his or her child any person younger than him or herself and under eighteen (18) years of age, and, if desired, for a change of the child's
name, but the prayer of the petition by a person having a husband or wife shall not be granted unless the husband or wife joins in the petition; provided,
that upon good cause shown and a showing that the granting of the petition for adoption would be in the best interests of the minor child, the prayer of
the petition may be granted although the spouse of the petitioner is not a party to the petition.
(b) The family court shall retain jurisdiction over any petition properly filed under subsection (a) when and if the petitioners become nonresidents
after the petition is filed, but during the pendency of the action.
(c) Any person not a resident of Rhode Island may petition the family court for leave to adopt as his or her child any person younger than him or herself
and under eighteen (18) years of age, and, if desired, for a change of the child's name, if the child is at the time of the filing of the petition in the
care and custody of a governmental child placing agency, or licensed Rhode Island child placing agency, but the prayer of the petition by a person having
a husband or wife shall not be granted unless the husband or wife joins in the petition.
(d) Petitions for adoptions of persons eighteen (18) years or older shall be heard by the probate court of the city or town in which the petitioners
live.
(e) The department shall grant an opportunity for a fair hearing, pursuant to 42 U.S.C. § 671(a)(12) and chapter 35 of title 42 to an individual
residing outside of Rhode Island who alleges that the department denied or delayed placement of a child for adoption.
§ 15-7-5 Consent required. – (a) The parents of the child, or their survivor, shall, except as provided in this section, consent in writing
to the adoption, or the petition shall be dismissed. If neither parent is living, the guardian of the person of the child, or, if there is no guardian,
the next of kin, may give consent; or if there is no next of kin, the court may appoint some suitable person to act in the proceedings as next friend of
the child, and to give or withhold the consent; provided, that if the child is of the age of fourteen (14) years or over, the adoption shall not be made
without the child's consent. In case the child to be adopted is eighteen (18) years or older, the consent of, or notice to, the child's parents or other
person in the child's behalf shall not be required.
(b) Notwithstanding the provisions of subsection (a) of this section, when the petitioners are one of the natural parents of the child and his or her
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
refused to consent to the adoption, the court shall determine whether the noncustodial parent's rights shall be terminated involuntarily. In making the
determination, the court shall apply the grounds for termination of parental rights set forth in § 15-7-7; provided, that 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
his or her parental rights.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, when the petitioners are one of the natural parents of the child and his or
her spouse or one of the grandparents of the child and the child is residing, at the time the petition is filed, with the petitioners, and if the noncustodial
parent refuses to consent to the adoption, then the court 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 § 15-7-7(a)(1), (2), or (4). The standard of proof in these cases shall be by clear and convincing
evidence and the court shall give primary consideration to the physical, psychological, mental, and intellectual needs of the child insofar as that consideration
is not inconsistent with other provisions of this chapter.
§ 15-7-5.1 Contact preference form information. – Upon providing consent to an adoption, the biological parent(s) shall be informed that, consistent with subdivision 23-3-15(g)(1), an adoptee may obtain a non-certified copy of his/her unaltered, original certificate of birth upon his/her twenty-fifth (25th) birthday, and that the birth
parent is allowed and authorized to file a contact preference form with the division of vital records as provided in subdivision 23-3-15(g)(2).
§ 15-7-6 Waiver of parents' right to consent – Guardianship of agency. – Any duly licensed child placement agency in this state, or
governmental child placement agency, at the request of the natural parent or parents of a child under eighteen (18) years of age, may, not sooner than fifteen
(15) days after the birth of the child, petition the family court for the termination of the rights of the natural parents of the child to consent to its
adoption. After any notice to the natural parents that the court deems proper, a hearing shall be had prior to the hearing on the petition for adoption
in the family court, and if the family court finds after examination of the parent or parents that the parent or parents freely join in the petition, and
that the granting of the petition is for the best interests of the child, it shall decree that in the hearing on the adoption of the child the consent of
the natural parents as provided above shall be unnecessary and that the agency shall be the sole party to give or withhold consent. The granting of the
petition to give or withhold consent to the child placement agency shall also make the agency the guardian of the child for all purposes.
§ 15-7-7 Termination of parental rights. – (a) The court shall, upon a petition duly filed by a governmental child placement agency or licensed
child placement agency after notice to the parent and a hearing on the petition, terminate any and all legal rights of the parent to the child, including
the right to notice of any subsequent adoption proceedings involving the child, if the court finds as a fact by clear and convincing evidence that:
(1) The parent has willfully neglected to provide proper care and maintenance for the child for a period of at least one year where financially able
to do so. In determining whether the parent has willfully neglected to provide proper care and maintenance for the child, the court may disregard contributions
to support which are of an infrequent and insubstantial nature; or
(2) The parent is unfit by reason of conduct or conditions seriously detrimental to the child; such as, but not limited to, the following:
(i) Institutionalization of the parent, including imprisonment, for a duration as to render it improbable for the parent to care for the child for an
extended period of time;
(ii) Conduct toward any child of a cruel or abusive nature;
(iii) The child has been placed in the legal custody or care of the department for children, youth, and families and the parent has a chronic substance
abuse problem and the parent's prognosis indicates that the child will not be able to return to the custody of the parent within a reasonable period of
time, considering the child's age and the need for a permanent home. The fact that a parent has been unable to provide care for a child for a period of
twelve (12) months due to substance abuse shall constitute prima facie evidence of a chronic substance abuse problem;
(iv) The child has been placed with the department for children, youth, and families and the court has previously involuntarily terminated parental
rights to another child of the parent and the parent continues to lack the ability or willingness to respond to services which would rehabilitate the parent
and provided further that the court finds it is improbable that an additional period of services would result in reunification within a reasonable period
of time considering the child's age and the need for a permanent home;
(v) The parent has subjected the child to aggravated circumstances, which circumstances shall be abandonment, torture, chronic abuse and sexual abuse;
(vi) The parent has committed murder or voluntary manslaughter on another of his or her children or has committed a felony assault resulting in serious
bodily injury on that child or another of his or her children or has aided or abetted, attempted, conspired or solicited to commit such a murder or voluntary
manslaughter; or
(vii) The parent has exhibited behavior or conduct that is seriously detrimental to the child, for a duration as to render it improbable for the parent
to care for the child for an extended period of time;
(3) The child has been placed in the legal custody or care of the department for children, youth, and families for at least twelve (12) months, and
the parents were offered or received services to correct the situation which led to the child being placed; provided, that there is not a substantial probability
that the child will be able to return safely to the parents' care within a reasonable period of time considering the child's age and the need for a permanent
home; or
(4) The parent has abandoned or deserted the child. A lack of communication or contact with the child for at least a six (6) month period shall constitute
prima facie evidence of abandonment or desertion. In the event that parents of an infant have had no contact or communication with the infant for a period
of six (6) months the department shall file a petition pursuant to this section and the family court shall conduct expedited hearings on the petition.
(b) In the event that the petition is filed pursuant to subdivisions (a)(1), (a)(2)(i), (a)(2)(iii), or (a)(2)(vii) of this section, the court shall
find as a fact that, prior to the granting of the petition, such parental conduct or conditions must have occurred or existed notwithstanding the reasonable
efforts which shall be made by the agency prior to the filing of the petition to encourage and strengthen the parental relationship so that the child can
safely return to the family. In the event that a petition is filed pursuant to subdivisions (a)(2)(ii), (a)(2)(iv), (a)(2)(v), (a)(2)(vi) or (a)(4) of this
section, the department has no obligation to engage in reasonable efforts to preserve and reunify a family.
(2) Any duty or obligation on the part of a licensed or governmental child placing agency to make reasonable efforts to strengthen the parental relationship
shall cease upon the filing of a petition under this section. This provision shall not be construed and is not intended to limit or affect in any way the
parents' right to see or visit with the child during the pendency of a petition under this section.
(3) Upon the filing of a termination of parental rights petition, the agency has an affirmative duty to identify, recruit, process and approve a qualified
family for adoption or other permanent living arrangement for the child.
(c) In considering the termination of rights as pursuant to subsection (a), the court shall give primary consideration to the physical, psychological,
mental, and intellectual needs of the child insofar as that consideration is not inconsistent with other provisions of this chapter.
(2) The consideration shall include the following: If a child has been placed in foster family care, voluntarily or involuntarily, the court shall determine
whether the child has been integrated into the foster family to the extent that the child's familial identity is with the foster family and whether the
foster family is able and willing to permanently integrate the child into the foster family; provided, that in considering integrating into a foster family,
the court should consider:
(i) The length of time child has lived in a stable, satisfactory environment and the desirability of maintaining that environment and continuity for
the child; and
(ii) The reasonable preference of the child, if the court determines that the child has sufficient capacity to express a reasonable preference.
(d) If the court finds that the parental rights of the parent should be terminated as specified in subsection (a), it shall by decree duly entered,
appoint some suitable person to give or withhold consent in any subsequent adoption proceedings. In the case of petitions filed by licensed or governmental
child placement agencies, the court shall appoint the agency to be the sole party to give or withhold consent to the adoption of the child and further vest
the agency with all rights of guardianship over the child.
(e) Nothing in this section shall be construed to prohibit the introduction of expert testimony with respect to any illness, medical or psychological
condition, trauma, incompetency, addiction to drugs, or alcoholism of any parent who has exhibited behavior or conduct that is seriously detrimental to
a child, to assist the court in evaluating the reason for the conduct or its probable duration.
(f) The record of the testimony of the parties adduced in any proceeding terminating parental rights to a child shall be entitled to the confidentiality
provided for in § 8-10-21 and more specifically shall not be admissible in any civil, criminal, or other proceeding in any court against a person named
a defendant or respondent for any purpose, except in subsequent proceedings involving the same child or proceedings involving the same respondent.
(g) In the event any child, the parental rights to whom have been finally terminated, has not been placed by the agency in the home of a person or persons
with the intention of adopting the child within thirty (30) days from the date of the final termination decree, the family court shall review the status
of the child and the agency shall file a report that documents the steps the agency is taking to find an adoptive family or other permanent living arrangement
for the child, to place the child with an adoptive family, a fit and willing relative, a legal guardian, or in another planned permanent living arrangement,
and to finalize the adoption or legal guardianship. At a minimum, this documentation shall include child specific recruitment efforts, such as the use of
state, regional and national adoption exchanges, including electronic exchange system.
§ 15-7-7.1 Court proceedings. – The court shall make findings of fact and conclude all hearings on petitions for termination of parental
rights within one hundred eighty (180) days after notice to the natural parents has been effectuated. If the court is unable to conclude a hearing within
one hundred eighty (180) days, it shall enter an order setting forth the facts which necessitate an extension of the time period.
§ 15-7-7.2 Mediation of termination of parental rights. – The family court may establish a voluntary mediation program for termination of
parental rights. Once established, the court may, with the consent of the parties, refer to mediation all or any portion of a matter relating to termination
of parental rights.
§ 15-7-8 Notice to parents – Notice when no parent living or when parent in mental institution. – (a) The notice required in §
15-7-7 shall be as follows: If a parent does not consent in writing to the adoption of his or her child, the court shall order a copy of the petition and
order that copy to be served on him or her, personally, if found in the state; and if not, notice of the petition for adoption shall be published once in
any newspaper that the court directs. Like notice shall also be published whenever a child has no parent living.
(b) Whenever a parent is confined in any asylum, hospital, or institution for mental illness, whether the asylum, hospital, or institution is situated
within or out of the state, the court shall order a copy of the petition and order that copy, subsequently referred to as the notice, to be served on him
or her personally, which notice, if to be served within the state, shall be served by an officer authorized by law to serve citations; but if the notice
is to be served out of the state, it may be served by any disinterested person, who shall make return, upon oath, that he or she has made service of the
notice, the manner in which, the time when, and the place where the service was made; provided, that before any officer or disinterested person makes service
of the notice, he or she shall apply to the physician in charge of the asylum, hospital, or institution where the person upon whom the notice to be served
is confined, and if the physician shall return, upon oath, on the back of the notice, that in his or her opinion service of the notice upon the person will
be injurious to his or her mental health, the officer or person charged with the service shall leave a copy of the notice, with the physician's return,
with the keeper of the asylum, hospital, or institution and shall return the notice, with a statement of his or her actions regarding the notice, to the
court without further service; and upon return being made in either case, the court, having first appointed a guardian ad litem for the parent, may proceed
to act upon the petition and order.
§ 15-7-9 Notice to parent whose whereabouts unknown. – (a) When a petition concerning the adoption or termination of parental rights is filed
which sets forth that the whereabouts of the parent or parents of the child are unknown, that fact shall be sworn to by the petitioners by affidavit which
shall set forth the last contacts with the absent parent and any other information considered pertinent in determining the absent parent's whereabouts.
(b) The court shall review the affidavit and, if it is determined that personal service cannot be effectuated, an order of notice shall be entered directing that notice be given to the parent by publication in any newspaper of general circulation that the court directs; which notice shall be published once and this notice may be combined and placed with other names that the court is attempting
to notify.
§ 15-7-10 Consent of minor parents. – (a) For the purposes of this section, "minor" refers to an individual under the age of eighteen
(18).
(b) No minor parent may give a binding consent to any adoption petition or to any termination of rights pursuant to § 15-7-6 except with the consent
of one of the parents, guardian, or guardian ad litem of the minor parent; provided, that if the whereabouts of both of the parents of the minor parent
are unknown, that fact shall be sworn to by the petitioners or an unauthorized officer or official of a duly licensed child placement agency or of a governmental
child placement agency; after notice in accordance with § 15-7-9 and upon finding that the granting of the petition for adoption or the termination
of rights is in the best interest of the child, the family court may grant the petition.
§ 15-7-11 Investigation and report as to adoptive home. – (a) Upon the filing of a petition so presented and consented to for the adoption
of a minor child, the court shall notify the department of children, youth and families. It shall then be the duty of the department to verify the allegations
of the petition, and to make appropriate investigation to determine whether the proposed adoptive home is a suitable home for the child. The department
shall within sixty (60) days submit to the court a full report in writing, with recommendation as to the granting of the petition and any other information
regarding the child or the proposed home which the court shall require. In circumstances where the petition for adoption concerns a child who has been placed
for adoption by a duly licensed child placement agency, the court may accept the home study report of the child placement agency in lieu of the investigation
and recommendation of the department of children, youth and families; provided, the child placement agency includes in its home study report any criminal
record of the prospective adoptive parent. All costs relating to criminal background checks shall be the responsibility of the public or private entity
conducting the home study;
(b) As part of the investigation or investigative home study report, a request shall be made to the attorney general through the division of criminal
identification to make available any criminal record of the prospective adoptive parent maintained by the division. The prospective adoptive parent shall
apply to the bureau of criminal identification of the state police or the local police department for a nationwide criminal records check unless they have
previously submitted to a nationwide criminal records check in accordance with § 14-1-34 and/or §§ 40-13.2-2, 40-13.2-4 and/or 40-13.2-5
and/or §§ 16-48.1-4 and 16-48.1-5. The attorney general shall immediately comply with the request of the department or child placement agency
and the report of the attorney general shall be made part of the investigative home study submitted to court.
(c) Pursuant to § 40-13.2-4, the director of DCYF will determine by rules and regulations those items of information appearing on a criminal records
check which constitute disqualifying information because that information would indicate the prospective adoptive parent could endanger the health or welfare
of a child or children. Upon the discovery of any disqualifying information with respect to a proposed prospective adoptive parent, the agency conducting
the home study will be informed by the director in writing of the nature of the disqualifying information.
(d) At the conclusion of any criminal records check required by this section, the fingerprint card of the person subject to the nationwide criminal
records check shall be promptly destroyed.
(e) Provisions of this section may, in the discretion of the court, be waived in the case of a petition for the adoption of a child where the child
is the natural child of one of the parties petitioning for the adoption and resides with the petitioning parties.
(f) Specific definitions and procedures for adoptive home studies are to be provided in regulations promulgated by the department for children, youth
and families in accordance with the administrative procedures act. All investigative home studies submitted to the court shall be based on a minimum of
two (2) home visits by the agency conducting the home study. All prospective siblings and any other household members shall be interviewed during a home
visit. Agencies conducting the home study shall have a minimum of one home visit following completion of the home study process. A summary of the agency's
past and present contact with the prospective adoptive family shall be included in the home study. The agency shall include in the home study its recommendations
for approval or disapproval of the adoption and the reasons for its conclusion.
(g) The following information shall be included in all home studies submitted to the court:
(1) Identifying information on all household members, including minor children and the current needs of each child;
(2) Information regarding the prospective adoptive parent's motivation and reasons for the adoption;
(3) Current background information on the prospective adoptive parents, including written self-assessment;
(4) Child care experience and parenting philosophy of the prospective adoptive parents;
(5) Information regarding past and present marriage and/or partnership relationships;
(6) Current medical and psychological conditions, including addiction to drugs or alcohol of any prospective adoptive parents, that may be seriously
detrimental to the health and welfare of children;
(7) Description of the home and local community, including any health and safety concerns regarding the home;
(8) Information regarding the finances and employment of the prospective adoptive parents;
(9) Reference letters from at least three (3) individuals at least two (2) of whom are non-relatives;
(10) Results of background checks with DCYF and clearance checks regarding state and federal criminal records conducted on the prospective adoptive
parents;
(11) Information related to the prospective adoptive parent's willingness and ability to accept and cooperate with adoption support services, including
their level of understanding regarding openness with birth family; and
(12) Information related to the match between prospective adoptive parents and the child, including attitudes and capabilities of prospective adoptive
parents and the child's characteristics and background
§ 15-7-12 Trial period of residence. – No petition shall be granted until the child has lived for six (6) months in the proposed home; provided,
that the period of residence may be waived and the petition granted by the court upon good cause shown, when satisfied that the proposed home and the child
are suited to each other.
§ 15-7-13 Consideration of religion of child or parents. – For the purposes of placement of a child in adoptive homes under this chapter,
a child shall be placed in an adoptive home of any religious faith or persuasion that may be designated by the natural parent(s) so far as practicable.
In the event that the natural parent(s) waive the right to designate the religion of his or her child, the right shall become vested in the governmental
child placement agency or the duly licensed child placing agency to be exercised in the best interests of the child.
§ 15-7-14 Decree of adoption. – If, after investigation and upon a hearing, the court is satisfied as to the identity and relations of the
persons, and that the petitioner or petitioners are of sufficient ability to bring up the child and furnish suitable nurture and education, having reference
to the degree and condition of the child's parents, and that it is fit and proper that the adoption should take effect, a decree shall be made setting forth
the facts and ordering that from the date of decree the child shall, to all legal intents and purposes, be the child of the petitioner or petitioners.
§ 15-7-14.1 Decree of open adoption. – (a) At the time an adoption decree is entered, the court entering the decree may grant post-adoption visitation,
contact and/or conveyance of information privileges (subsequently referred to as "Post-adoption privileges") under subsection (b) of this section
to a birth parent who:
(1) Has consented to an adoption or voluntarily terminated the parent-child relationship; or,
(2) Has had his or her parental rights involuntarily terminated pursuant to section 15-7-7(2)(i), (iii), (iv), or (vii) and has properly filed a timely
appeal of the termination which is pending and the child was not in a pre-adoptive home prior to the granting of the termination of parental rights petition
by the family court.
(b) A court may grant post-adoption privileges if:
(1) The court determines that the best interests of the child would be served by granting post-adoption privileges;
(2) The court finds there is a significant emotional attachment between the child and the birth parent;
(3) The adoptive parents and the birth parents jointly negotiate and execute a post-adoption privileges agreement which is approved by and filed with
the family court;
(4) The department of children, youth and families and the child's court appointed special advocate or the guardian ad litem, if one has been appointed
pursuant to § 40-11-12, recommends that the post-adoption privileges agreement be approved by the court; or if the adoption petition is being sponsored
by a licensed child placing agency other than the department of children, youth, and families, the licensed child placing agency sponsoring the adoption
makes a recommendation that the post-adoption privileges agreement be approved by the court.
(5) Consent to the post-adoption privileges is obtained from the child, if the child is at least twelve (12) years of age; and
(6) The post-adoption privileges agreement is approved by the court.
(c) A post-adoption privileges agreement filed under subdivision (b)(4) of this section must contain the following provisions:
(1) An acknowledgement by the birth parents that the adoption is irrevocable, even if the adoptive parents do not abide by the post-adoption privileges
agreement.
(2) An acknowledgement by the adoptive parents that the agreement grants the birth parents the right to seek to enforce the post-adoption privileges
set forth in the agreement.
(d) A birth parent or an adoptive parent may file a petition with the court entering the adoption decree for the following purposes:
(1) To modify the post-adoption privileges agreement;
(2) To compel a birth parent or adoptive parent to comply with the post-adoption privileges agreement;
(e) The court may not award monetary damages as a result of the filing of a petition under subsection (d).
(f) The court may void or modify a post-adoption privileges agreement approved under this section at any time before or after the adoption if the court
determines after a hearing that the best interests of the child require the voiding or modification of the agreement. Before the court: (1) Voids or modifies
an agreement, or (2) Hears a motion to compel compliance with an agreement approved under this section, the court shall give notice and an opportunity to
be heard to the licensed, child placement agency that sponsored the adoption and to the child's court appointed special advocate (CASA) or court appointed
guardian ad litem if one had been appointed prior to the finalization of adoption.
(g) A court may not revoke a decree of adoption because a birth parent or an adoptive parent fails to comply with a post-adoption privileges agreement
approved by the court under this section.
§ 15-7-15 Decree of change of name. – If, in a petition for the adoption of a child, a change of the child's name is requested, the court,
upon decreeing the adoption, may also decree the change of name and grant a certificate for the name change.
§ 15-7-16 Inheritance by and from adoptive kindred. – (a) A child lawfully adopted shall be deemed, for the purpose of inheritance by the
child and his or her descendants from the parents by adoption and the lineal and collateral kindred of the parents by adoption, and for the purpose of inheritance
by the parents by adoption, and the lineal and collateral kindred of the parents by adoption, from the child and his or her descendants, and for all other
legal consequences and incidents of the natural relation of parents and children, except as provided in § 15-7-17, the child of the parents by adoption
the same as if he or she had been born to them in lawful wedlock. In the construction of any instrument, whether executed before or after May 8, 1956, a
child so adopted and the descendants of the child shall be deemed within a limitation to the lawful heirs, issue, children, descendants, or the like, as
the case may be, of the parent or parents by adoption, unless a contrary intention shall appear by the terms of the instrument or unless the particular
estate so limited has vested in and as to the person or persons entitled to it on April 20, 1962; provided, that this sentence shall not apply in the construction
of any instrument as to any child who is over the age of eighteen (18) years at the time of his or her adoption and who is adopted after the death of the
maker of the instrument.
(b) When an adopted child is related by blood to the parent or parents by adoption, he or she and his or her descendants shall be entitled to inherit
from and through the parent or parents only as an adopted child or descendants of an adopted child and not by virtue of the blood relationship.
§ 15-7-17 Rights of natural parents terminated – Inheritance by child from natural parents. –The parents of the child shall be deprived, by the decree, of all legal rights respecting the child, and the child shall be freed from all obligations of maintenance and obedience respecting his or her natural parents except that the granting of the petition for adoption will not deprive
an adopted child of the right to inherit from and through his or her natural parents in the same manner as all other natural children; provided, that the right to inherit from and through natural parents of an adopted child born out of wedlock shall be as provided in § 33-1-8; and provided, further, that the decree of adoption shall in no way affect all legal rights of a natural parent respecting
the child and all obligations of the child of maintenance and obedience respecting a natural parent if the natural parent is legally married to the adopting parent at the time of the decree of adoption. Notwithstanding the rights of an adopted child to inherit from or through his or her natural parents as provided in this section, or as provided in § 33-1-8, any administrator, executor or trustee
who without knowledge of said adopted child, otherwise carries out the administrators, executors, or trustees lawful responsibility shall not be liable to the adopted child for any damages resulting therefrom.
§ 15-7-18 Denial of petition – Order as to custody of child. – (a) Upon hearing before the family court on any petition for adoption,
if it finds that the petition for adoption is not for the best interest of the child and denies the petition, the court shall have the power to order the
child returned to the person, persons, or licensed agency legally entitled to custody.
(b) The failure of a person having the physical control of the child to place the child in accordance with the order of the family court shall constitute
contempt which may be punished by the court by imprisonment in the adult correctional institutions until such time as he or she purges himself or herself.
§ 15-7-19 Appeal from the family court. – Appeals from decrees of the family court under the provisions of this chapter shall be in the same
manner as provided in § 14-1-52, and any child made the subject of a petition may, by next friend, appeal in like manner, but no bond shall be required
of, or court costs awarded against, the child or next friend.
§ 15-7-20 Jurisdiction of child pending appeal. – During the pendency of an appeal the family court shall have jurisdiction with respect
to the custody of the child and shall make any orders that may be for the best interest of the child. This jurisdiction shall continue after verdict or
decision until the final determination of the appeal.
§ 15-7-21 [Repealed.]. –
§ 15-7-21.1 Challenge to decree. – (a) Notwithstanding any other provisions of this chapter, a decree of adoption or a termination of a parent's
right to give or withhold consent for adoption shall not be subject to a challenge or petition to reverse unless the challenge or petition is filed in the
family court within one hundred eighty (180) days after the decree or order is entered.
(b) In the event a challenge is brought within the one hundred eighty (180) day period by an individual whose parental relationship to an adoptee is
terminated, or by any individual who is asserting a parental relationship to the adoptee, pursuant to the provisions of this chapter, the family court shall
deny the challenge unless the court finds by clear and convincing evidence that the decree or order is not in the best interest of the adoptee.
§ 15-7-22 Penalty for violations or false statements. – Every person who violates any of the provisions of this chapter, or who intentionally
makes any false statements with reference to the matters contained in this chapter, shall, in addition to any specific penalties provided in this chapter,
upon conviction of the first offense, be imprisoned for a term not exceeding one year and/or be fined not exceeding five hundred dollars ($500), and of
a second or subsequent offense, shall be imprisoned for a term not exceeding two (2) years and/or be fined an amount not exceeding one thousand dollars
($1,000).
§ 15-7-23 Complaints. – The director of children, youth and families or any person appointed by him or her shall present all complaints under
the provisions of this chapter to the family court.
§ 15-7-24 Attendance at hearing. – The child does not need to be in attendance at any court hearing; however, the court in its discretion
may require attendance at any hearing.
§ 15-7-25 Reimbursement to adoptive parents. – The state shall make funds available through the department of children, youth and families
for special reimbursement to adoptive parents in matters of placement of children with disabilities or hard to place children. These funds will be disbursed
in accordance with the guidelines to be promulgated by the department of children, youth and families.
§ 15-7-26 Notice to natural father. – (a) If the court, after examination, determines that the natural father has not joined in a petition
either for the termination of parental rights of a petition for adoption or has not executed a waiver, then the court shall cause inquiry to be made of
the mother, as the court in its discretion shall deem appropriate.
(b) If, after the inquiry, the natural father is identified to the satisfaction of the court, he or she shall be given notice in accordance with §
15-7-8 or in any other manner that the court may direct. Proof of giving the notice shall be filed with the court before a petition for termination of parental
rights or a petition for adoption is granted. If the natural father fails to appear, or if appearing fails to claim any rights to the child, the court shall
enter an order terminating his or her rights with reference to the child. If the natural father or a man representing himself or herself to be the natural
father claims rights to the child, the court shall proceed to determine his or her rights.
(2) If, after the inquiry, the court is able to identify the natural father but his or her whereabouts are unknown, or if the court is unable to identify
the natural father, the court, on the basis of all information available, shall determine whether there is a reasonable probability that publication of
notice of the proceeding will lead to the ascertainment of his or her identity or whereabouts. If so, the court may order publication in accordance with
§ 15-7-9. | 
