R.I. R. Juv. P. 36

(a) Consent of Step Parent;

Grandparent. An adoption petition may be filed when the petitioners are the parent

of the child and the parent's spouse or one of the grandparents of the child and the

child is residing, at the time the petition is filed, with the petitioners. If the

noncustodial parent has not consented to the adoption in writing, the noncustodial

parent shall be served in accordance with Rule 32.

(b) Failure of Non-custodial Parent to Appear. If the non-custodial parent fails

to appear after proper service, the court may enter a default and terminate that

noncustodial parent's rights involuntarily. In making the determination, the court

shall apply the grounds for termination of parental rights as set forth in G.L. 1956 §

15-7-7. The petitioner need not demonstrate, and the court shall not require, efforts

to encourage and strengthen the child's relationship with the noncustodial parent

prior to terminating the noncustodial parent's parental rights. Within fourteen (14)

days, the petitioner shall prepare and file an appropriate decree, reciting the findings

of fact.

(c) Refusal of Non-custodial Parent to Consent. If the noncustodial parent

appears and refuses to consent to the adoption, then the court shall hold a hearing

and may grant the petition without a noncustodial parent's consent if the petitioners

prove by clear and convincing evidence any of the grounds set forth in G.L. 1956 §

15-7-7(a)(1), (2), or (4) and that the adoption is in the best interests of the child. The

petitioners need not demonstrate, and the court shall not require, efforts to encourage

and strengthen the child's relationship with the noncustodial parent prior to

terminating the noncustodial parent's parental rights. Within fourteen (14) days, the

petitioners shall prepare and file an appropriate decree, reciting the findings of fact.

The decree shall contain a certification stating that the decree has been sent to the

noncustodial parent at the noncustodial parent's last known address.

(d) Consent of Non-custodial Out-of-state or Incarcerated Parent. If the noncustodial parent lives out of state or is incarcerated and wishes to consent to the

adoption petition, the noncustodial parent's signature on the adoption petition shall

be notarized. The noncustodial parent shall attach a sworn affidavit with the

noncustodial parent's name, address, and telephone number and a statement

acknowledging parentage of the child and attesting that consent is given knowingly,

freely, and voluntarily with full understanding of the consequences of the consent.