Can I adopt my stepchild who is a newborn or infant in Rhode Island?

Yes. In Rhode Island, a stepparent can petition the Family Court to adopt a child who is under 18 and younger than the adopting person, and a newborn or infant fits that description. Rhode Island adoption law is in Rhode Island General Laws Title 15, Chapter 7, and the petition rules are in R.I. Gen. Laws § 15-7-4.

Residency: Rhode Island sets no minimum number of months you must have lived in the state before filing. Filing is still done in the Family Court, and the clerk in your county can confirm where your petition belongs.

Child's consent: A child's consent is required only at age 14 or older (R.I. Gen. Laws § 15-7-5(a)). An infant is well below that age, so there is no consent from the baby to obtain.

The other parent: This is usually the most important question with a young baby. Rhode Island's abandonment period is 6 months (R.I. Gen. Laws § 15-7-7). With a newborn or infant, that period may not have run, or its application may depend on the facts. If the other biological parent is known, unknown, not on the birth certificate, or unwilling to cooperate, the answer turns on your specific situation. Please check with the Family Court clerk or an attorney about who must consent or receive notice. This is especially important if anything is contested.

Home study: Rhode Island waives the home study in a stepparent adoption (R.I. Gen. Laws § 15-7-11). That can remove a step that often slows down other kinds of adoption.

Timeline and costs: Stepparent adoptions in Rhode Island typically take about 3-6 months. The Family Court clerk can tell you the current filing fee and any other court costs for your county.

Why families file early:

• A legal parent-child relationship begins while the child is very young.
• You may be able to make medical decisions and add the child to your insurance as your legal child