(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.
Notes of Decisions
Cited in
4
cases, 1980–2009 · leading case:
In Re Toryn C., 982 A.2d 592 (R.I. 2009).
In Re Toryn C., 982 A.2d 592 (R.I. 2009).
· cites it 9× “” After a brief colloquy, the chief judge stated that G.L. 1956 § 15-7-4 permits the Family Court to consider petitions for adoption filed by a “person residing in Rhode Island.”
Tinney v. Tinney, 799 A.2d 235 (R.I. 2002).
· cites it 2× “He argued that it was significant that the Legislature used the term “child” in enacting § 15-7-16(a) as opposed to using the word “persons” in describing potential adoptees as provided by § 15-7-4(d). Donald claimed it was natural that the Legislature used the word “child”…”
In Re Jeramie N., 688 A.2d 825 (R.I. 1997).
· cites it 12× “G.L. 1956 § 15-7-4 and Equal Protection Questions 2 and 4 ask whether Rhode Island’s adoption statute, G.”
In Re Jones, 411 A.2d 910 (R.I. 1980).
“The first proviso vests jurisdiction to hear petitions for the adoption of an adult in the Probate Court of the city or town in which the petitioners may live. Section 15-7-5 speaks of the necessity of obtaining the consent of the natural parents to an adoption but specifically…”
— R.I. Gen. Laws § 15-7-4(a) — 1 case
In Re Toryn C., 982 A.2d 592 (R.I. 2009).
“” After a brief colloquy, the chief judge stated that G.L. 1956 § 15-7-4 permits the Family Court to consider petitions for adoption filed by a “person residing in Rhode Island.”
— R.I. Gen. Laws § 15-7-4(c) — 1 case
In Re Toryn C., 982 A.2d 592 (R.I. 2009).
“” After a brief colloquy, the chief judge stated that G.L. 1956 § 15-7-4 permits the Family Court to consider petitions for adoption filed by a “person residing in Rhode Island.”
— R.I. Gen. Laws § 15-7-4(d) — 2 cases
Tinney v. Tinney, 799 A.2d 235 (R.I. 2002).
“He argued that it was significant that the Legislature used the term “child” in enacting § 15-7-16(a) as opposed to using the word “persons” in describing potential adoptees as provided by § 15-7-4(d). Donald claimed it was natural that the Legislature used the word “child”…”
In Re Jones, 411 A.2d 910 (R.I. 1980).
“The first proviso vests jurisdiction to hear petitions for the adoption of an adult in the Probate Court of the city or town in which the petitioners may live. Section 15-7-5 speaks of the necessity of obtaining the consent of the natural parents to an adoption but specifically…”
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