Whether you're preparing to build your family or help someone else build theirs, understanding Rhode Island's surrogacy law is a crucial first step.
At American Surrogacy, we know that navigating legal terms and processes can feel overwhelming. This guide will give you the confidence you need to move forward.
We'll walk you through Rhode Island’s surrogacy laws, how pre-birth and post-birth orders work, what’s included in a surrogacy contract and how surrogacy attorneys can help. If you’re ready to begin your surrogacy journey, you can speak with a surrogacy specialist today.
Rhode Island Surrogacy Laws: What Makes This State Surrogacy-Friendly?
Gestational surrogacy is legal in Rhode Island under the amended Uniform Parentage Act (Rhode Island General Laws, section 15-8.1). This law provides a straightforward legal process to establish parentage through pre-birth or post-birth orders. With these safeguards in place, both intended parents and surrogates can move forward with peace of mind.
If you're a prospective surrogate, Rhode Island’s laws ensure your rights are protected. With clear guidelines, required legal representation and court oversight, you’ll have the support you need as you help build a family.
Is Paid Surrogacy Legal in Rhode Island? Here's What You Need to Know
Yes, paid surrogacy is legal in Rhode Island. Since no statute prohibits surrogate compensation, intended parents and surrogates are free to enter into legally binding compensated surrogacy agreements.
Compensation reflects the time, effort and emotional investment required from a surrogate. It also helps ensure her comfort and financial security throughout the pregnancy.
At American Surrogacy, we work with surrogates and intended parents nationwide, making it easy to match in Rhode Island where paid surrogacy is fully permitted.
Learn more about surrogate compensation and why it’s important.
Are Surrogacy Contracts Enforceable in Rhode Island?
Yes, surrogacy contracts are enforceable in Rhode Island as long as they meet specific legal requirements:
The surrogate and intended parents must be at least 21 years old. At least one intended parent must be a U.S. resident. All parties must have independent legal representation. The agreement must be in writing and signed by the intended parents, the surrogate and the surrogate’s spouse (if applicable). The contract must clearly outline the legal terms and responsibilities of all parties involved.
An experienced surrogacy attorney will help ensure your agreement meets these legal requirements and can be upheld in court.
Surrogacy Contract Checklist
Surrogacy contracts are essential for protecting everyone involved. They outline expectations, responsibilities and protections.
If you’re wondering what should be included in a surrogacy contract, here’s a helpful checklist:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
At American Surrogacy, we coordinate with top surrogacy attorneys to ensure your contract reflects your wishes and fully complies with Rhode Island’s surrogacy laws.
When Do I Need a Surrogacy Contract in Rhode Island?
Surrogacy contracts come after you've been matched. Once you and your match are ready to move forward, both sides will consult with their attorneys to draft and review the agreement.
Before the embryo transfer can occur, the contract will need to be reviewed and approved by a Rhode Island court.
Learn more about the surrogacy timeline and what to expect next on your journey.
Agency Support: How Does American Surrogacy Support Me During the Contract Stage?
You won’t be alone during the legal process. American Surrogacy works closely with your attorney to make sure every legal detail is handled.
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
Before we even present a surrogate’s profile to intended parents, we verify that the match is legally viable under Rhode Island surrogacy laws. This proactive approach gives you peace of mind.
LGBTQ+ Surrogacy Laws in Rhode Island: How the State Protects All Families
Rhode Island’s surrogacy laws are inclusive and supportive of LGBTQ+ family-building. Here’s what you need to know:
Intended parents will be listed as "Parent" and "Parent" on the child’s birth certificate. Married and unmarried LGBTQ+ couples can obtain a pre-birth order, regardless of their genetic relationship to the child. If you want an added layer of protection, Rhode Island permits second-parent adoption for LGBTQ+ couples.
American Surrogacy proudly supports all family types. We’re here to guide you through a safe and affirming surrogacy journey.
Abortion Laws in Rhode Island and Surrogacy Contract Termination Agreements
In Rhode Island, termination is banned after fetal viability, which is typically around 23 to 24 weeks. Other than this gestational limit, the state has protective laws regarding reproductive rights.
Every surrogacy contract includes provisions for termination and selective reduction. It’s important for both the surrogate and intended parents to fully understand how state laws might affect those decisions.
If your home state has stricter restrictions, Rhode Island offers a surrogacy-friendly alternative. As a national agency, American Surrogacy can help you match in a state with the legal protections you’re looking for.
Surrogacy Laws for Establishing Parentage in Rhode Island: How to Secure Your Rights
Establishing parentage in Rhode Island is a smooth process, thanks to its inclusive laws. Whether you’re married, unmarried or single, you can establish your parental rights through:
These orders legally name you as the child’s parent before birth, regardless of genetic connection. If a pre-birth order isn’t obtained in time, you can still file for a post-birth order to establish legal parentage after delivery.
How to Get a Pre-Birth Order
Here’s how to get a pre-birth order in Rhode Island:
Your lawyer will file a petition for parentage with a Rhode Island court. The court will schedule a hearing, but only the surrogate is required to attend. After the birth, the intended parents will receive the birth certificate within about 10 days.
International Surrogacy Laws: Can You Pursue Surrogacy in Rhode Island from Abroad?
No. Rhode Island surrogacy law only applies if at least one intended parent is a U.S. resident. If you’re an international hopeful parent, you cannot pursue surrogacy in Rhode Island
However, that doesn’t mean your journey ends here. American Surrogacy works with international families and can help you find a match in another surrogacy-friendly state.
The Role of a Surrogacy Attorney in Rhode Island: Legal Guidance From Start to Finish
A surrogacy attorney plays a critical role throughout your journey. Your attorney will guide you through each legal milestone of the surrogacy process — from reviewing the contract to finalizing the parentage order — making sure your rights are protected and your paperwork is legally sound.
We partner with surrogacy attorneys across the U.S. and can help connect you with a trusted legal expert.
Are you ready to connect with a surrogacy attorney?
How Much Does a Surrogacy Lawyer Cost?
Legal fees in Rhode Island typically range from $5,000 to $15,000, depending on the complexity of your case. Intended parents are responsible for covering their surrogate’s legal fees.
We know surrogacy is a big investment. That’s why American Surrogacy includes legal costs in our program fees. You don’t have to worry about unexpected legal expenses.
Find a Surrogacy Attorney Near Me
Although we don't partner with any surrogacy attorneys in Rhode Island, there are several local professionals to consider:
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Michael B. Grant (Pawtucket): Practicing since 1991, Michael Grant handles surrogacy, adoption and gamete donation cases.
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Marshall & Associates (Cumberland): Carol Ricker covers family law in both state and federal courts.
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Kirshenbaum Law Associates Inc. (Cranston): Evan Kirshenbaum and Galicia Rothe focus on complex family law matters.
Explore Our Surrogacy Programs in Rhode Island: Choose the Right Fit for You
American Surrogacy offers three program options to fit your goals and budget:
Limited Risk Program
This program protects you from financial loss if your journey faces setbacks, such as a failed embryo transfer or the need to rematch. Fees are refunded or credited so you don’t pay twice for the same step.
Foundation Program
With this traditional pay-as-you-go model, you only pay for services as you need them. It’s ideal for families with fewer complications, but be prepared for out-of-pocket expenses if delays occur.
Independent Surrogacy Program
Already matched with a surrogate? This program eliminates duplicate costs and gives you access to expert legal and medical support while keeping your journey streamlined and affordable.
Yes. Under Rhode Island General Laws, section 27-20-20, insurers that cover pregnancy must also cover IVF and fertility preservation for women ages 25 to 42. There's a lifetime cap of $100,000 and up to 20% co-pay. No. There are no laws in Rhode Island recognizing embryos as legal persons. Generally, embryos are treated as property or subjects of contract law. Yes. However, it's only permitted in limited cases. Section 15-8.1-801 of the Rhode Island Uniform Parentage Act states a surrogate can only use her own gametes if she is genetically related to the intended parents. No. Under the Uniform Parentage Act (Rhode Island General Laws, section 15-8.1-702), donors are not legal parents of children conceived through assisted reproduction. No. There isn't a state-level tax credit for IVF. However, you can deduct qualified medical expenses on your federal tax return if they exceed 7.5% of your adjusted gross income.FAQ: Legal Aspects of Surrogacy in Rhode Island
Are insurance companies required to cover IVF in Rhode Island?
Is an embryo considered a person in Rhode Island?
Is traditional surrogacy legal in Rhode Island?
Do sperm and egg donors have parental rights?
Is there an IVF Tax Credit?
Ready to Start Your Rhode Island Surrogacy Journey?
Surrogacy in Rhode Island is legally secure, inclusive and supported by clearly defined processes.
Whether you’re a hopeful parent or a prospective surrogate, you deserve to feel informed, reassured and legally protected every step of the way. With American Surrogacy as your guide, you’ll have trusted experts helping you navigate every legal milestone.
Speak with a surrogacy specialist today to start your Rhode Island surrogacy journey.