Establishing Paternity by Agreement

Perhaps the most straightforward way to establish paternity in Rhode Island is through an agreement by the parties. If a man is present at the birth of a child, he can be listed on the child’s birth certificate as the father. If a father is not present at birth, or only later agrees to be named as the father of a child, the parties can name a man as the father of a child at the Office of Child Support Services.

Establishing Paternity by DNA Test

If the parties do not agree on the issue of paternity, the court may order a DNA paternity test. Under Rhode Island General Laws section 15-8-11, a court can order a paternity test if paternity is disputed. If the test returns a result indicating that a man is at least 97% likely to be the father, the results will create an irrebuttable presumption of paternity presuming the moving party can establish that the child’s mother and putative father had sexual intercourse during the period when the child was conceived.

A Presumption of Paternity

In some situations, there is will be a presumption of paternity based on the facts surrounding the child’s birth. For example, if a man and woman are married, any child born during the marriage (or within 300 days of the end of the marriage) will be presumed to be the husband’s child. In the event that there is a presumption of paternity, it can only be rebutted by clear and convincing evidence of the contrary.

Are You Going Through a Rhode Island Family Court Dispute?

If you are currently in the midst of a Rhode Island family law dispute involving any child custody or child support issue, contact the dedicated Rhode Island divorce attorneys at the law firm of Bilodeau Capalbo, LLC. At Bilodeau Capalbo, we handle all types of Rhode Island divorce and family law issues, including helping our clients establish paternity. We realize a cookie-cutter approach is not how to effectively advocate for our clients, and we focus on the unique needs of our clients as individuals. To learn more, and to schedule a consultation to discuss your situation with one of our dedicated Rhode Island divorce lawyers, call 401-300-4055 today.

See Related Posts: Rhode Island Supreme Court Case Looks at Hidden Assets During Divorce, Rhode Island Divorce Lawyer Blog, September 28, 2018.

The Division of Property Following a Rhode Island Divorce, Rhode Island Divorce Lawyer Blog, November 29, 2018.

Reproductive Technology

Reproductive technology has come a long way in the last decade, and the law is having a hard time keeping up. Reproductive technology includes in vitro fertilization, donor sperm, intra uterine insemination and/or surrogacy. Many states have laws that address some aspects of reproductive technology. Rhode Island is one of the few states that has no laws that cover these issues.

Generally, if someone gives birth and they are married, then their spouse is the presumed father of the child and will have legal parentage rights to the child automatically. Similarly, if the mother of the child is not married, the father of the child can also be deemed the legal parent of the child with all the attendant rights by acknowledging paternity. In either case, the law makes it easy for fathers to be given parental rights to their children. Keep in mind that these apply even when the father is not the biological father of the child or reproductive technology has been used. However, with same-sex parenting couples, it is a little different.

Typically, when a same-sex couple has a child, only one of the parents can be a biological parent to the child. (Though this is not always the case, especially if one or both of the parents is transgender.) Some same-sex couples may also adopt, but the legal process for that typically situates the same-sex parents similarly as opposite sex couples. In other words, whether the couple is a same-sex couple or an opposite-sex couple, both parents need to go through the legal adoption process.

Uniform Parentage Act

There is a law proposed in Rhode Island that would treat same-sex couples more like opposite sex couples when it comes to parentage and assisted reproductive technology. The law is called the Uniform Parentage Act and it has several provisions that would help make it easier for both members of a same-sex couples to have parental rights to their children. The law would allow same-sex partners of biological mothers to also be recognized as a parent right away through a voluntary acknowledgement of parentage. This would be similar to the voluntary acknowledge of paternity described above.

In other words, the intended parents of the child would be recognized as the parents of the child as soon as it is born. For example, let’s say a woman uses a sperm donor to get pregnant and she is in a same-sex relationship and the couple intends to parent together. This law would allow the other parent to have the ability to be given parental rights to the child at the same time as the biological mother. Now, typically the non-biological parent would need to do some kind of second parent adoption which is a more complicated legal process.

Contact One of Our Experienced Rhode Island Family Law Attorneys Today!

Whether you are in a same sex couple, opposite sex couple, or plan to parent by yourself, adopting a child can be one of the most rewarding experiences of your life. That’s why it is so important to work with a knowledgeable Rhode Island family law attorney. The attorneys at Bilodeau Capalbo, LLC can help you with the legal process of building your family. Use the form on this website to contact us or call (401) 300-4055 to set up your free consultation today!

See Related Posts: Parental Rights Terminated by Court in Rhode Island Adoption Case U.S. House Committee Passes Amendment that Allows LGBTQ People in Adoption and Foster Care

This Rhode Island family law case arose from a relationship between the plaintiff and defendant from 1976 and 1996. During an interruption in the affair in 1983, the plaintiff married BH on January 14, 1984. Despite the marriage, the plaintiff’s sexual relationship with the defendant resumed in 1985 and continued into 1996.

In 1985, the plaintiff conceived CMH. In 1989, the marriage between the plaintiff and BH ended and they were divorced. The judgment stated that CMH was “born of the marriage.” BH did not dispute this finding and agreed to pay child support.

In March 2000, the plaintiff filed a paternity complaint in Rhode Island asserting that the defendant was the biological father of CMH. Following a hearing, the magistrate granted the defendant’s motion for summary judgment. The plaintiff appealed, and the family court upheld the magistrate’s order. The plaintiff appealed to the Rhode Island Supreme Court.

The plaintiff argued that the trial justice erred by granting the defendant’s motion because the divorce judgment was susceptible to collateral attack and that public policy demands that biological parents be correctly identified, which outweighs the Full Faith and Credit Clause. Plaintiff further argued that the divorce judgment was modifiable and undeserving of the protection of the Full Faith and Credit Clause. Finally, the plaintiff argued that the trial justice erred in failing to consider the doctrines of res judicata and collateral estoppel.

The Full Faith and Credit Clause requires that State Courts recognize judgments of the courts of sister states, provided the sister state’s court properly exercised subject-matter and personal jurisdiction. The plaintiff argued that the Full Faith and Credit Clause should not be applied to the divorce judgment because it is a modifiable judgment and not final. The state high court disagreed, reasoning that the plaintiff accepted the benefits of the divorce judgment by accepting child support from BH.

Plaintiff argued that public policy demanded that the Full Faith and Credit Clause not be applied to enforce the Florida divorce judgment, relying on a case in which neither party had a connection to the outside forum. The plaintiff could not assert that neither she nor BH had a connection to Florida, since both were residents of that state. Thus, the court held this argument failed.

Finally, the plaintiff argued that the trial court erred by failing to consider the doctrines of res judicata and collateral estoppel. She argued that the defendant could not rely on res judicata or collateral estoppel as support for enforceability of the divorce judgment because he was not a party to the Florida divorce judgment. However, the family court was not required to consider the plaintiff’s argument because his decision to apply the Full Faith and Credit Clause was dispositive of this case. Thus, the family court did not err by applying the Full Faith and Credit Clause to enforce the divorce judgment of the Florida court.

For these reasons, plaintiff’s appeal was dismissed and the family court judgment affirmed.

Bilodeau Capalbo, LLC’s experienced family law team will fight zealously to help Rhode Island residents with paternity issues. Call 401-300-4055 to schedule your complimentary consultation today.

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