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RI · rules

R.I. R. Juv. P. 32

Service on Parents

activein force · 2024-02-01 – presentact-effective-date

(a) Service. In any petition for adoption that is not

consented to in writing by both parents, the petitioner must file proof of service of

the petition, summons, and all other required documents on the non-consenting

parent pursuant to Rule 16.

(b) Service by Publication.

(1) Whenever an adoption petition cannot be served with the exercise of due

diligence in accordance with subsection (a) of this rule because the identity of a

parent is unknown or the parent's address is unknown, the petitioner shall file an

affidavit describing the parent's last known address and the efforts made to identify

and/or locate the unknown parent and a motion for advertisement. Upon review of

the affidavit, and after inquiry made of any available parent, the court may make a

determination that service cannot be effectuated, and may order service by

publication of the action in any newspaper of general circulation in the locality of

the parent's last known address, in such form and for such length of time as the court

shall direct.

(2) Where both parents are deceased, the court shall order publication of notice

of the adoption petition.

(c) Service on Institutionalized or Incompetent Parents. Upon a determination

that a parent is institutionalized or incompetent or otherwise incapacitated, the court

shall appoint a guardian ad litem to accept service on behalf of the parent if good

cause is shown.

(d) Service on Incarcerated Parents. In any petition for adoption that is not

consented to in writing by both parents, the petitioner must file proof of service to

the non-consenting incarcerated parent by personal service of the petition and a

summons pursuant to Rule 16. Provided however, for those parents incarcerated out

of state, the petitioner must provide proof of service sufficient to satisfy the court

that the parent has personally received the petition and a summons.

(e) Service on Sperm or Ovum Donors. Service is not required if the genetic

material of a sperm or ovum donor is donated to a licensed assisted reproduction

facility and the donor, the donee, and the adoptive parent are undisclosed and

unidentified to each other.

(f) Service pursuant to the Indian Child Welfare Act. Where the court knows

or has reason to know that the child is an Indian child, service must comply with the

mandates of the Indian Child Welfare Act, 25 U.S.C. § 1901, et seq.

Provenance

Source
courts.ri.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
797e1519ea2de11da5f2512b2d2d602505f4744689cf37a8d394e1e5f72965d1
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