RI · rules
R.I. R. Juv. P. 32
Service on Parents
(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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