(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)(1) 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.
Notes of Decisions
Cited in
17
cases, 1963–2017 · leading case:
State v. Fritz, 801 A.2d 679 (R.I. 2002).
State v. Fritz, 801 A.2d 679 (R.I. 2002).
· cites it 16× “The purpose of the termination of parental rights under §§ 15-7-5, 15-7-6, and 15-7-7, is "to provide children who are in need with permanent and safe placement," In re Kyle S.”
In Re Abby D., 839 A.2d 1222 (R.I. 2004).
· cites it 12× “In November 2001, Tammy and Anthony filed a joint petition for adoption pursuant to G.L.1956 § 15-7-5(b), 3 which the Family Court granted.”
In Re John, 605 A.2d 486 (R.I. 1992).
· cites it 5× “That amendment, which is now § 15-7-5, provides that the rights of a noncustodial natural parent may be terminated involuntarily when a petition for adoption is filed by one of the natural parents of the child and his or her new spouse and the child is residing with the…”
In Re Kyle S., 692 A.2d 329 (R.I. 1997).
· cites it 5× “Sections 15-7-5, 6 15 — 7—6, 7 and 15-7-7 were enacted to effectuate this purpose.”
In Re Tory S., 988 A.2d 151 (R.I. 2010).
· cites it 2× “See G.L. 1956 §§ 15-7-5,15-7-7(a)(4). The respondent objected to petitioners’ proposed adoption of Tory.”
Fiallo v. Levi, 406 F. Supp. 162 (E.D.N.Y 1975).
· cites it 2× “§ 14-15-20 (1971); R.I.Gen. Laws § 15-7-5 (Supp.1974); Utah Code Ann.”
In re Oscar C., 598 A.2d 1093 (R.I. 1991).
· cites it 7× “General Laws 1956 (1988 Reenactment) § 15-7-5(a) requires the parents of a child to consent in writing to the adoption of the child or the petition will be dismissed.”
In Re Jones, 411 A.2d 910 (R.I. 1980).
· cites it 2× “Section 15-7-5 speaks of the necessity of obtaining the consent of the natural parents to an adoption but specifically excludes the necessity of that consent where the potential adoptee has attained the age of majority.”
In Re Adoption of a Minor Child, 287 A.2d 115 (R.I. 1972).
“2 See §15-7-5. 3 It should be kept in mind that the case at bar does not involve an attempt at revocation of consent prior to the adoption.”
Gillis v. Main, 189 A.2d 808 (R.I. 1963).
“d for a period of one year next preceding the filing of this petition and have neglected to provide proper care and maintenance for said child for a period of one year next preceding the filing of petition * * * £ JJ? At the December 18 hearing the respondent mother recorded her…”
In Re LaPorte, 236 A.2d 264 (R.I. 1967).
“1956, §15-7-5, become significant. It is therein provided, in pertinent part, that the parents of a child who is the subject of a petition for adoption * * shall except as herein provided, consent in writing to such adoption, or such petition shall be dismissed.”
R.I. Gen. Laws § 15-7-5(a): 1 case
In re Oscar C., 598 A.2d 1093 (R.I. 1991).
“General Laws 1956 (1988 Reenactment) § 15-7-5(a) requires the parents of a child to consent in writing to the adoption of the child or the petition will be dismissed.”
R.I. Gen. Laws § 15-7-5(b): 1 case
In Re Abby D., 839 A.2d 1222 (R.I. 2004).
“In November 2001, Tammy and Anthony filed a joint petition for adoption pursuant to G.L.1956 § 15-7-5(b), 3 which the Family Court granted.”
R.I. Gen. Laws § 15-7-5(b)(1): 1 case
State v. Fritz, 801 A.2d 679 (R.I. 2002).
“The purpose of the termination of parental rights under §§ 15-7-5, 15-7-6, and 15-7-7, is "to provide children who are in need with permanent and safe placement," In re Kyle S.”
R.I. Gen. Laws § 15-7-5(b)(2): 4 cases
State v. Fritz, 801 A.2d 679 (R.I. 2002).
“The purpose of the termination of parental rights under §§ 15-7-5, 15-7-6, and 15-7-7, is "to provide children who are in need with permanent and safe placement," In re Kyle S.”
In re Oscar C., 598 A.2d 1093 (R.I. 1991).
“General Laws 1956 (1988 Reenactment) § 15-7-5(a) requires the parents of a child to consent in writing to the adoption of the child or the petition will be dismissed.”
R.I. Gen. Laws § 15-7-5(b)(l): 2 cases
State v. Fritz, 801 A.2d 679 (R.I. 2002).
“The purpose of the termination of parental rights under §§ 15-7-5, 15-7-6, and 15-7-7, is "to provide children who are in need with permanent and safe placement," In re Kyle S.”
In re Oscar C., 598 A.2d 1093 (R.I. 1991).
“General Laws 1956 (1988 Reenactment) § 15-7-5(a) requires the parents of a child to consent in writing to the adoption of the child or the petition will be dismissed.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.