Does the other parent still owe child support after a Rhode Island stepparent adoption?

Under R.I. Gen. Laws 15-7-14 the child becomes, from the date of the decree, the stepparent's child to all legal intents and purposes, and s. 15-7-17 deprives the other natural parent of all legal rights respecting the child. Whether support already owed before the decree can still be collected is a separate question to raise with the Family Court or a family law attorney before the hearing.

Can a child adopted by a stepparent in Rhode Island still inherit from the other birth parent?

Yes, in general. R.I. Gen. Laws 15-7-17 says the adoption does not deprive the child of the right to inherit from and through the natural parents, with inheritance for a child born out of wedlock governed by s. 33-1-8. Under s. 15-7-16 the child also inherits from the stepparent and the stepparent's family as if born to them.

Does the adoption affect the custodial parent's rights in a Rhode Island stepparent adoption?

No. R.I. Gen. Laws 15-7-17 says the decree in no way affects the legal rights of a natural parent who is legally married to the adopting parent at the time of the decree. That parent must still join the petition under s. 15-7-4(a), unless the court finds good cause and that granting it is in the child's best interests.

How is a new birth certificate issued after a Rhode Island stepparent adoption?

Under R.I. Gen. Laws 23-3-14 the court has an adoption record prepared on a state registrar's form, and you supply the needed information with the petition. For a child born in Rhode Island, s. 23-3-15 has the registrar establish a new certificate showing the actual place and date of birth and seal the original. A record for a child born elsewhere goes to that state.

What if the other parent cannot be found in a Rhode Island stepparent adoption?

Under R.I. Gen. Laws 15-7-9 you swear by affidavit to the parent's last contacts, and if personal service cannot be made the court orders notice once by newspaper publication. Notice alone does not replace consent. You still need s. 15-7-5(b)(2): a natural parent and spouse petitioning, the child residing with you at filing, and clear and convincing proof of a s. 15-7-7(a)(1), (2) or (4) ground, such as six months without communication or contact as prima facie evidence of abandonment.

Stepparent Adoption in Rhode Island

Reviewed by DocDraft Legal Team - Rhode Island - Last updated October 6, 2026

In Rhode Island a stepparent and the parent they are married to petition the Family Court together under R.I. Gen. Laws 15-7-4, usually on the Judiciary's Adoption Petition, form FC-47. Section 15-7-5(a) requires both parents to consent in writing, or the petition is dismissed. When the petitioners are one of the child's natural parents and that parent's spouse, the child is residing with them when the petition is filed, and the noncustodial parent refuses to consent, s. 15-7-5(b)(2) lets the court grant the adoption without that consent only if the petitioners prove by clear and convincing evidence a ground in s. 15-7-7(a)(1), (2) or (4): willful failure to provide proper care and maintenance for at least one year where financially able to do so, unfitness by reason of conduct or conditions seriously detrimental to the child, or abandonment or desertion, where a lack of communication or contact for at least six months is prima facie evidence. A child of the age of fourteen or over must also consent.

Find out where you stand in Rhode Island

Where are you with adopting your stepchild?

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Can a stepparent adopt in Rhode Island without the other parent's consent?

Only under R.I. Gen. Laws 15-7-5(b)(2): the noncustodial parent refuses, the petitioners are a natural parent and that parent's spouse, and the child resides with them at filing. They must prove by clear and convincing evidence a s. 15-7-7(a)(1), (2) or (4) ground: one year of willful neglect of care and maintenance while financially able, seriously detrimental unfitness, or abandonment.

Which court and which form handle a stepparent adoption in Rhode Island?

The Rhode Island Family Court hears adoptions of children under eighteen, under R.I. Gen. Laws 15-7-4(a). The Judiciary publishes an Adoption Petition, form FC-47, with space for the parents' agreement and the child's consent. The clerk can tell you which supporting papers the court wants filed with it.

Is a home study required for a stepparent adoption in Rhode Island?

Normally the Family Court notifies the Department of Children, Youth and Families, which investigates the home and reports within 60 days under R.I. Gen. Laws 15-7-11. Subsection (e) lets the court, in its discretion, waive that section when the child is the natural child of a petitioner and lives with the petitioners.

At what age must the child consent to a stepparent adoption in Rhode Island?

Under R.I. Gen. Laws 15-7-5(a), if the child is of the age of fourteen years or over, the adoption shall not be made without the child's consent. Form FC-47 includes a line for a child fourteen or older to sign, before a witness, that they agree to the adoption.

Rhode Island's s. 15-7-5(b) route, the DCYF report, and form FC-47

Rhode Island stepparent adoptions are heard by the Family Court under R.I. Gen. Laws 15-7-4(a), which lets any person residing in Rhode Island petition to adopt a younger person under eighteen and, if desired, change the child's name. A married petitioner's spouse must join the petition, so the stepparent and the child's parent file together, usually on the Judiciary's Adoption Petition, form FC-47. Section 15-7-5(a) requires the parents to consent in writing, or the petition is dismissed. When the noncustodial parent refuses, s. 15-7-5(b)(2) applies only if the petitioners are one of the natural parents of the child and his or her spouse and the child is residing with them when the petition is filed. The court may then grant the petition without that consent if the petitioners prove by clear and convincing evidence any ground in s. 15-7-7(a)(1), (2) or (4): the parent willfully neglected to provide proper care and maintenance for at least one year where financially able to do so; or the parent is unfit by reason of conduct or conditions seriously detrimental to the child; or the parent abandoned or deserted the child, where a lack of communication or contact for at least six months is prima facie evidence. The court gives primary consideration to the child's physical, psychological, mental and intellectual needs, and the petitioners need not show efforts to strengthen the child's relationship with that parent. A parent who has not consented must be served personally if found in the state, or by newspaper publication if not, under s. 15-7-8. The Department of Children, Youth and Families investigates the home under s. 15-7-11, which the court may waive in a stepparent case, and a child of fourteen or over must consent.

Relevant Laws

R.I. Gen. Laws 15-7-5 (Consent required)

The parents must consent in writing or the petition is dismissed, and a child of fourteen or over must consent. Under subsection (b), when the petitioners are a natural parent and that parent's spouse and the child is residing with them at filing, a refusing noncustodial parent's consent can be dispensed with if the petitioners prove by clear and convincing evidence a ground in s. 15-7-7(a)(1), (2) or (4), without showing efforts to strengthen that parent's relationship with the child.

R.I. Gen. Laws 15-7-7 (Termination of parental rights)

The grounds used in a stepparent case are (a)(1) willful neglect to provide proper care and maintenance for at least one year where financially able to do so, disregarding infrequent and insubstantial contributions; (a)(2) unfitness by reason of conduct or conditions seriously detrimental to the child, such as long institutionalization or cruel or abusive conduct; or (a)(4) abandonment or desertion, with at least six months of no communication or contact as prima facie evidence. Some (a)(2) examples require the child to be placed with DCYF and do not fit a stepparent case.

R.I. Gen. Laws 15-7-11 (Investigation and report as to adoptive home)

On filing, the court notifies the Department of Children, Youth and Families, which investigates whether the home is suitable and reports within sixty days, including criminal records checks. Subsection (e) lets the court, in its discretion, waive the section when the child is the natural child of a petitioner and resides with the petitioners.

Rhode Island Family Court Adoption Petition, form FC-47

The Judiciary's petition for adopting a child under eighteen. It lists the petitioners, the date the child began living with them, the parents or guardians, the statute relied on, any requested name change, signature lines for consenting parents, and a line for a child fourteen or older to agree.

Regional Variances

Rhode Island stepparent adoption requirements

Court

Rhode Island Family Court, under R.I. Gen. Laws 15-7-4(a), for a child under eighteen. Adoptions of persons eighteen or older go to the probate court of the city or town where the petitioners live under s. 15-7-4(d).

Petition form

Adoption Petition, form FC-47 (revised September 2025), published by the Rhode Island Judiciary, signed by both spouses as petitioners. Information for the vital records adoption report is furnished with the petition under s. 23-3-14(b).

Other parent's consent

Written consent of the parents under R.I. Gen. Laws 15-7-5(a), or the petition is dismissed. A consenting parent can sign the agreement section of form FC-47.

Proceeding without consent

R.I. Gen. Laws 15-7-5(b)(2): petitioners are a natural parent and that parent's spouse, the child resides with them at filing, and the noncustodial parent refuses. Petitioners must prove by clear and convincing evidence a s. 15-7-7(a)(1), (2) or (4) ground: one year of willful neglect to provide care and maintenance where financially able, unfitness, or abandonment or desertion (six months of no communication or contact is prima facie evidence). Notice under s. 15-7-8.

Home study

Department of Children, Youth and Families investigation and report within sixty days under R.I. Gen. Laws 15-7-11. The court may waive it in its discretion when the child is the natural child of a petitioner and resides with the petitioners, under s. 15-7-11(e).

Residency or waiting period

Petitioner must reside in Rhode Island under s. 15-7-4(a). No decree until the child has lived in the proposed home for six months under s. 15-7-12, waivable for good cause. No minimum length of marriage is set.

Child's consent age

Fourteen years or over, under R.I. Gen. Laws 15-7-5(a). Form FC-47 has a signature line for the child's agreement.

Suggested Compliance Checklist

Choose the consent route for the other parent

Before filing days after starting

Decide whether the other parent will consent in writing under R.I. Gen. Laws 15-7-5(a), or whether you will rely on s. 15-7-5(b)(2). That route needs a natural parent and spouse as petitioners, the child residing with you at filing, a refusal by the noncustodial parent, and clear and convincing proof of a s. 15-7-7(a)(1), (2) or (4) ground: one year of willful neglect to provide care and maintenance where financially able, unfitness, or abandonment (six months without communication or contact is prima facie evidence).

Complete and file form FC-47

At filing days after starting

File the Adoption Petition, form FC-47, in the Rhode Island Family Court, signed by you and your spouse before witnesses, with the other parent's signed agreement if given and the child's agreement if fourteen or older. Bring the information the clerk needs for the vital records adoption report under s. 23-3-14(b).

Ask the court to waive the DCYF investigation

At filing or shortly after days after starting

R.I. Gen. Laws 15-7-11(e) lets the court, in its discretion, waive the DCYF home investigation when the child is the natural child of a petitioner and lives with the petitioners. Ask the clerk how the court wants that request made, and ask about a good cause waiver of the six-month residence period under s. 15-7-12 if it applies.

Serve notice on a parent who has not consented

Before the hearing days after starting

Under s. 15-7-8, have the court-ordered copy of the petition served personally on a nonconsenting parent found in Rhode Island, or published in the newspaper the court directs if not. If the parent's whereabouts are unknown, file the affidavit of last contacts required by s. 15-7-9.

Request the child's new name in the petition

At filing days after starting

Write the requested name on form FC-47. Under R.I. Gen. Laws 15-7-15 the court, upon decreeing the adoption, may also decree the name change and grant a certificate for it. A separate name change petition is needed only for a change outside the adoption.

Document: name-change-petition

Task	Description	Document	Days after starting
Choose the consent route for the other parent	Decide whether the other parent will consent in writing under R.I. Gen. Laws 15-7-5(a), or whether you will rely on s. 15-7-5(b)(2). That route needs a natural parent and spouse as petitioners, the child residing with you at filing, a refusal by the noncustodial parent, and clear and convincing proof of a s. 15-7-7(a)(1), (2) or (4) ground: one year of willful neglect to provide care and maintenance where financially able, unfitness, or abandonment (six months without communication or contact is prima facie evidence).	-	Before filing
Complete and file form FC-47	File the Adoption Petition, form FC-47, in the Rhode Island Family Court, signed by you and your spouse before witnesses, with the other parent's signed agreement if given and the child's agreement if fourteen or older. Bring the information the clerk needs for the vital records adoption report under s. 23-3-14(b).	-	At filing
Ask the court to waive the DCYF investigation	R.I. Gen. Laws 15-7-11(e) lets the court, in its discretion, waive the DCYF home investigation when the child is the natural child of a petitioner and lives with the petitioners. Ask the clerk how the court wants that request made, and ask about a good cause waiver of the six-month residence period under s. 15-7-12 if it applies.	-	At filing or shortly after
Serve notice on a parent who has not consented	Under s. 15-7-8, have the court-ordered copy of the petition served personally on a nonconsenting parent found in Rhode Island, or published in the newspaper the court directs if not. If the parent's whereabouts are unknown, file the affidavit of last contacts required by s. 15-7-9.	-	Before the hearing
Request the child's new name in the petition	Write the requested name on form FC-47. Under R.I. Gen. Laws 15-7-15 the court, upon decreeing the adoption, may also decree the name change and grant a certificate for it. A separate name change petition is needed only for a change outside the adoption.	name-change-petition	At filing

Frequently Asked Questions

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Expunging a Criminal Record in Rhode Island (2026)

Filing a Workplace Harassment Complaint in Rhode Island

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