Can a same-sex stepparent adopt in Rhode Island?

Yes, a same-sex stepparent can petition to adopt a stepchild in Rhode Island, and you follow the same Family Court process as any other stepparent. The steps come from Rhode Island General Laws Title 15, Chapter 7, and they are laid out by what the adoption involves, not by the makeup of the couple. If your situation has unusual facts, the Family Court clerk in your county or an attorney can confirm how they apply to you.

Where you file: Stepparent adoptions of a minor child go to the Family Court. Rhode Island has five counties, and the clerk can tell you about local filing details and the current filing fee.

What the process looks like in Rhode Island:

• Residency: Rhode Island sets no minimum number of months of residency for a stepparent adoption (R.I. Gen. Laws § 15-7-4).
• Child's consent: A child who is 14 or older must consent to the adoption (R.I. Gen. Laws § 15-7-5(a)).
• The other legal parent: Your petition needs to address the child's other legal parent. Rhode Island's abandonment provision uses a period of 6 months (R.I. Gen. Laws § 15-7-7). Whether that provision fits your family depends on your facts, so ask the clerk or an attorney.
• Home study: The home study is waived for stepparent adoptions (R.I. Gen. Laws § 15-7-11).
• Timeline: A stepparent adoption in Rhode Island typically takes 3-6 months.

Common situations: Many same-sex stepparent families are in one of two positions. A wife may be adopting her wife's child, or a husband may be adopting his husband's child, from a prior relationship. In both cases you would be the petitioning stepparent, and the steps above are the ones to prepare for.

Questions that depend on your facts: Some families have a different starting point. You may not be married, the child may have a second legal parent who has not agreed, or the other parent may be unknown or may contest. Those questions turn on your specific circumstances. Rhode Island law on them should be confirmed with the Family Court clerk in your county or with an attorney before you file.

If you run into trouble: If anyone in the process treats you unfairly, write down what happened and when, and consider contacting an attorney or an LGBTQ+ family law advocacy organization. Your family deserves a fair review of your petition.