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關係（跳至章節)

Family | Parenting | Rhode Island

What is the Rhode Island Parentage Act?

Signed into law in July 2020, the Rhode Island Uniform Parentage Act (RIUPA) replaces the Uniform Law on Paternity and outlines ways to establish parentage of a child and how to establish parentage under each path.  The RIUPA comprehensively updates Rhode Island parentage law and aims to ensure each child has a clear path to secure their legal parentage.

The RIUPA, more specifically, ensures greater protections and equal treatment for LGBTQ+ couples. The law allows LGBTQ+ couples access to establishing parentage through a simple civil Voluntary Acknowledgement of Parentage, ensuring LGBTQ+ couples are able to establish their parentage immediately at birth of their child. It also creates, for the first time in Rhode Island, an accessible path to parentage for children born through assisted reproduction, as well as protections for children born through surrogacy.

親子關係是什麼意思？

「親子關係」表示您在各方面都是孩子的合法父母。親子關係賦予您一系列權利（例如，醫療或教育方面的決策權，在與孩子的另一方父母分離時享有撫養時間），同時也承擔著責任（例如，提供醫療保險、滿足基本生活需求、支付子女撫養費）。穩固的合法親子關係對於孩子的長期穩定和福祉至關重要。

Why was the RIUPA passed now?

Rhode Island parentage laws had not been updated in over 40 years; updated legislation was long overdue. Rhode Islanders for Parentage Equality (RIPE), a coalition made up of families and organizations pushing for parentage equality in Rhode Island, has advocated for updated parentage laws for years. With the sponsorship of Rep. Carol McEntee and Sen. Erin Lynch Prata and the support of the administration of Governor Gina Raimondo, their hard work finally paid off.

為什麼快速確認親子關係很重要？

孩子出生後儘快確立親子關係，可以確保孩子在各方面都與父母緊密相連，並讓所有與孩子生活相關的人都能更清晰地了解情況。例如，確立親子關係可以讓父母在孩子早期做出任何醫療決定，確保孩子獲得保險金或繼承權，並在父母分居時保護他們的父母權利。

How can Rhode Islanders establish parentage under the RIUPA?

The RIUPA provides that Rhode Islanders can establish their parentage in the following ways:

• 生育（代孕除外）
• 採用
• Acknowledgment
• Adjudication
• 推定（包括婚姻推定）
• Genetic connection (except for gamete donors)
• 事實親子關係
• Assisted reproduction
• Gestational carrier agreement

誰是預期父母？

An intended parent is a person who consents to assisted reproduction with the intent to be a parent of the child. The RIUPA addresses intended parents in the context of surrogacy separately from intended parents in the context of other forms of assisted reproduction. Ideally, a person who consents to assisted reproduction with the intent to be a parent will memorialize that intent in writing, but the law does allow other ways to prove intent to be a parent.

誰是推定父母？

A presumed parent is a non-birth parent that the law recognizes because of certain circumstances or relationships. A presumed parent is established as a legal parent through the execution of a valid Voluntary Acknowledgement of Parentage (VAP), by an adjudication, or as otherwise provided in the RIUPA.

如果以下任何一項屬實，您就是推定的父母：

• You are married to the child’s birth parent when the child is born;
• You were married to the child’s birth parent, and the child is born within 300 days of the marriage being terminated by death, annulment, or divorce;
• You married the child’s birth parent after the child was born, asserted parentage and are named as a parent on the birth certificate;
• You resided with the child in the same household, and you and another parent held the child out as your child for two years after birth or adoption and assumed personal, financial or custodial responsibilities for the child.

誰是事實上的父母？

事實父母是基於與孩子關係而產生的父母關係。確認事實父母關係需要法院判決。您可以透過提供清晰且令人信服的證據，證明以下所有情況，向法院申請確認您的事實父母關係：

1. You lived with the child as a regular member of the household for a significant amount of time;
2. You consistently took care of the child;
3. You took full and permanent responsibility for the child without expectation of financial compensation;
4. You held the child out as your child;
5. You established a bonded and dependent relationship which is parental in nature;
6. You had a parental relationship with the child that was supported by another parent;
7. 繼續與孩子保持關係符合孩子的最大利益。

什麼是親子關係承認書？

聯邦法律要求各州提供一套簡易的民事程序，以便在孩子出生時確認其親子關係。這項簡易的民事程序就是「親子關係確認計畫」。

聯邦法規要求各州在醫院和州出生記錄機構提供親子關係確認服務。親子關係確認表格本身是一份簡短的宣誓書，簽署人確認他們希望成為合法父母，並享有所有親子關係的權利和責任。孩子的生父也必須在表格上簽字，父母雙方都必須提供一些關於自己的人口統計資料。

簽署親子關係確認書，即確立了當事人的合法父母身份，並會簽發或修改孩子的出生證明，以反映該合法的親子關係。經妥善簽署的親子關係確認書具有法院命令的約束力，應在所有州視為有效。

How do I establish my parentage through a Rhode Island Voluntary Acknowledgment of Parentage (VAP)?

You can voluntarily acknowledge the parentage of a child by signing a form from the Rhode Island Department of Health known as a “自願承認親子關係” or VAP (To see a sample VAP form, go to: https://ocss.ri.gov/sites/g/files/xkgbur511/files/documents/Voluntary-Acknowledgment-Parentage-01.01.2020.pdf). 

A VAP must be signed by the birth parent and the other parent. The other parent can be the genetic parent, an intended parent of a child born through assisted reproduction (except a gestational carrier agreement), or a presumed parent. Signing a VAP form is voluntary, and it can be done at the hospital soon after birth or at another time up until the child is 18. A VAP form must be witnessed and signed by at least one other person. If one person does not want to sign this form, then the other parent can try to adjudicate parentage through the courts.

If you have any questions about whether to sign a VAP form, you should consult with a lawyer before signing. A VAP form is the equivalent of a judgment of parentage by a court, and parentage is a considerable, life-long responsibility.  

Are there any costs related to the VAP?

A fee is charged for all Certified Vital Records, including the VAP. The processing fee for a VAP is $15. The cost of a Certified Birth Certificate is $22 drop off or $25 for mail-in service. The Voluntary Acknowledgement of Parentage document (VAP) is issued upon request as a supporting document that accompanies the Certified Birth Certificate.

When can I not establish parentage through a VAP?

• 在另一方父母不是孩子的親生父母的情況下（例如，孩子被另一方父母收養），推定父母試圖確立親子關係時，必須透過裁決確立親子關係，而不能透過親子關係承認書確立親子關係。
• 如果有第三人被推定為父母，則不能透過親子關係確認書來確定親子關係，除非該人已提交親子關係否認書。 
• 如果一個人透過與孩子一起居住並在孩子出生後的頭兩年內聲稱孩子是自己的孩子來確立親子關係，那麼在孩子兩歲之前，他不能透過親子關係確認書來確立親子關係。

When can a parent sign a VAP?

A VAP can be signed after the birth of a child, up until the child’s 18th birthday. An Acknowledgment of Parentage can also be completed before the child’s birth but will not take effect until the child is born.

How can a VAP be rescinded?

A party who signed the VAP may rescind an acknowledgment of parentage or denial of parentage by commencing a court proceeding before the earlier of:

(1) Sixty (60) days after the effective date of the acknowledgment or denial, as provided, or

(2) The date of the first hearing before a court in a proceeding, to which the signatory is a party, to adjudicate an issue relating to the child.

如果我不是親生父母怎麼辦？我該如何確立自己身為合法父母的身份？

The RIUPA has many provisions that protect non-biological parents. If you are your child’s presumed parent, or if you are the intended parent of a child born through assisted reproduction other than surrogacy, you can establish parentage by signing a VAP.

All parents can establish parentage through a court order. A presumed parent or an intended parent of a child conceived through assisted reproduction can seek a judgment declaring the person a parent of the child or do a co-parent or second parent adoption. Some non-biological parents can establish parentage through the RIUPA’s de facto parent provisions, which require a court to adjudicate the person to be the child’s de facto parent.

How does the RIUPA help people conceiving through assisted reproduction?

The RIUPA provides important clarity and protections for children born through assisted reproduction. The RIUPA confirms that a gamete donor (e.g., sperm or egg donor) is not a parent of a child conceived through assisted reproduction. Also, the RIUPA affirms that a person who consents to assisted reproduction with the intent to be a parent of the resulting child is a legal parent.

What is the difference between joint, second-parent (also known as co-parent) and single-parent adoptions?

A joint adoption is when both partners adopt a child together at the same time. A second-parent adoption is when one partner adopts the other partner’s child. A single-parent adoption is when a single individual adopts a child. All three of these are legal in Rhode Island.

What is the advantage of doing a second-parent adoption or joint adoption?

共同收養和第二父母收養均可確保您的孩子有兩位合法父母。已婚和未婚夫婦均可選擇聯合收養或第二父母收養。收養允許非法定父母成為合法父母，有權在未經特別授權的情況下為孩子做出決定。收養還允許養父母在其伴侶去世後自動獲得孩子的監護權。同樣，如果養父母去世，即使沒有遺囑，孩子也有權繼承該父母的遺產，並可能領取社會安全遺屬福利。

最後，如果夫妻分居，收養可以確保父母雙方都擁有監護權和探視權，並且任何糾紛都將根據孩子的最大利益來決定，而不是根據誰是法定父母來決定。

如果我們已婚，我們需要進行第二父母收養嗎？

When a child is born into a marriage, Rhode Island law and the law of all states, presumes that both spouses are the parents of the child and both names are listed on the child’s birth certificate. However, this is only a presumption and can be challenged in court, so in the past GLAD recommended that married couples do a second-parent adoption to ensure the parentage of the non-biological parent because adoption is a court judgment creating a parent-child relationship and must be respected by other states.

Now Rhode Island couples have a second way to protect the parentage of the non-biological partner by signing a Voluntary Acknowledgment of Parentage.

If I am a parent who has signed a VAP, do I also need to do a second parent adoption?

No. A parent who has signed a VAP should not need to do a co-parent adoption to establish parentage. A VAP establishes legal parentage under state law, is the equivalent of a judgment of parentage under state law and gives you all the rights and duties of a parent. Under federal law, an Acknowledgement of Parentage is the equivalent of a judicial decree of parentage and should be recognized in all states.

Since expanded access to acknowledgments of parentage is an emerging development, some parents might feel more comfortable also completing a second parent adoption in addition to or instead of a VAP. To understand what is best for your family, individualized legal advice is recommended.

How does the RIUPA address surrogacy?

The RIUPA has comprehensive provisions about how to establish parentage through a gestational carrier agreement. All parties to a gestational carrier agreement must have independent counsel throughout the process.  This is a brief overview of the law for informational purposes.

Before starting any medical procedures to conceive a child through a carrier process, you must have a written and signed agreement. This agreement is between you, any other intended parents, the person acting as a carrier, and the spouses of any of those parties (if applicable). This agreement will establish that you are the parent(s) of the child and that the carrier and their spouse, if applicable, do not have parental rights or duties. To enter into a gestational carrier agreement, the following must be true:

1. All intended parents and the carrier must be at least 21;
2. All intended parents and the carrier must have completed a medical evaluation and mental health consultation; and
3. The intended parent(s) and the carrier must be represented by separate lawyers for the purposes of the agreement, and the carrier’s attorney must be paid for by the parent(s).

The law requires carrier agreements to incorporate several terms to be valid, such as allowing a surrogate to make their own health and welfare decisions during pregnancy and requiring the parent(s) to pay all related healthcare costs.

What does Rhode Island law say about traditional or genetic surrogacy? 

The RIUPA allows in very limited circumstances for traditional or genetic surrogacy: a family member can serve as a gestational carrier using their own gametes. Someone who is not a family member cannot act in this role. Even with a family member, the law’s requirements for a valid agreement, and all of the other protections of the statute outlined above, apply.

如果我還沒結婚怎麼辦？

The RIUPA explicitly provides that every child has the same rights as any other child without regard to the marital status of the parents, or the circumstances of the child’s birth. By not differentiating between parents based on their marital status, the RIUPA aims to treat all Rhode Island families equally.

如果我是跨性別或非二元性別者怎麼辦？

The RIUPA explicitly provides that every child has the same rights as any other child without regard to the gender of the parents or the circumstances of the child’s birth. The RIUPA, by not including gendered terms such as mother or father, is inclusive of all genders. By not differentiating between parents based on their gender, the RIUPA aims to treat all Rhode Island families equally.

對家庭暴力倖存者有哪些保護措施，使他們不會被迫確立合法的親子關係？

The RIUPA aims to ensure that the establishment of parentage is fair, clear, efficient, and child-centered. Some legal parentage–such as the nonmarital presumption and de facto parentage–can arise by consent. No one should ever be pressured to consent to parentage. 

The RIUPA contains provisions that allow parents to challenge another person’s parentage if the other person claims to be a presumed parent or a de facto parent but satisfies the requirements for parentage through duress, coercion, or threat of harm.

如果我需要協助解決親子關係問題，我該去哪裡？

與任何家庭法律問題一樣，建議您尋求個人化的法律諮詢。 GLAD Answers 可以提供相關信息，並推薦您聯繫當地的律師。如果您對如何保護您的家人有任何疑問，請填寫以下表格聯絡 GLAD Answers： GLAD 答案 或致電 800.455.4523 (GLAD)。

資源

Rhode Island Uniform Parentage Act: General Laws of Rhode Island | Chapter 15-8.1 – Uniform Parentage Act | Casetext. 

More information about the RIUPA: 羅德島州統一親子法（RIUPA）| 兒童撫養服務辦公室.

保護家庭： Protecting Families: Standards for LGBTQ+ Families – GLAD.

養育變性孩子： 養育跨性別或性別擴展的孩子：如何保護你的家人免受虛假的虐待兒童指控. 

Family | Relationships | Rhode Island

GLAD 在爭取婚姻平權的鬥爭中扮演了什麼角色？

GLAD led the fight for marriage equality in the United States. In the beginning, many states, instead of offering marriage to same-sex couples, provided the exact same state rights, protections and responsibilities of marriage but called them civil unions or registered domestic partnerships.

同性戀者聯盟爭取婚姻平權的鬥爭始於佛蒙特州的訴訟， 貝克訴佛蒙特州同性戀者反歧視聯盟（GLAD）贏得了訴訟，但佛蒙特州最高法院允許立法機構決定如何執行該裁決。佛蒙特州立法機構沒有允許同性伴侶結婚，而是創建了民事結合。 GLAD隨後於2004年在其訴訟中首次在美國為同性伴侶贏得了婚姻權利。 古德里奇訴公共衛生部. 

隨後是：

• 緬因州於 2004 年批准了同居關係，為其提供了部分婚姻保護；
• 2005 年康乃狄克州的民事結合；
• GLAD 的訴訟， 克里根訴公共衛生專員案，於 2008 年為康乃狄克州同性伴侶贏得了結婚權利； 
• 2008 年新罕布夏州的民事結合；
• 佛蒙特州於 2009 年允許同性伴侶結婚；
• 佛蒙特州不再允許民事結合，但在 2009 年不將其民事結合轉為婚姻；
• 2010 年在新罕布夏州結婚；
• 康乃狄克州於 2010 年將所有民事結合轉為婚姻；
• 2011 年新罕布夏州民事結合轉為婚姻；
• 2011 年羅德島州的民事結合； 
• 2012 年在緬因州結婚； 
• 2013 年在羅德島結婚；
• 羅德島州的民事結合已於 2013 年終止，但現有的民事結合並未轉為婚姻。

在聯邦層面，國會通過了 婚姻保護法（DOMA） 1996年，美國最高法院對同性伴侶進行了先發制人的攻擊，聲稱如果同性伴侶被允許結婚，聯邦政府將不會承認這些婚姻。 2013年6月26日，美國最高法院在 美國訴溫莎案 稱《婚姻保護法》違憲，同性已婚夫婦首次能夠獲得聯邦福利。

最後，在 奧貝格費爾訴霍奇斯案2015年6月26日，美國最高法院裁定美國憲法保障同性伴侶結婚的權利，從而在全國範圍內實現了婚姻平等。同性戀者反歧視聯盟（GLAD）的瑪麗·博諾托（Mary Bonauto）代表原告參加了口頭辯論。 奧貝格費爾, all 50 states are required to issue marriage licenses to same-sex couples; and all states must respect the marriages of same-sex couples performed in other jurisdictions.

Can same-sex couples marry in Rhode Island?

Yes, after many years of failed attempts and nearly two years after the passage of a civil unions bill in July 2011, on May 2, 2013, the Rhode Island General Assembly approved and Governor Lincoln Chafee signed a marriage equality law, An Act Relating to Domestic Relations-Persons Eligible to Marry, that extended the right to marry to same-sex couples effective August 1, 2013.

That legislation also ended the ability of same-sex couples to enter into civil unions in Rhode Island on that same date and allows any couples already in a Rhode Island civil union to keep their civil unions or merge their civil unions into marriage. Rhode Island also respects civil unions and registered domestic partnerships from other states.

For information about how to get married in Rhode Island, see: GENERAL MARRIAGE REQUIREMENTS IN THE STATE OF RHODE ISLAND. 

其他州和聯邦政府會尊重我的婚姻嗎？

是的。 奧貝格費爾訴霍奇斯案 該決議保證所有州和聯邦政府必須以與異性已婚夫婦同等的方式對待同性已婚夫婦。這意味著，各州和聯邦政府為異性已婚夫婦提供的所有保護、權利和義務也必須提供給同性已婚夫婦。

如果我的配偶過世，我可以獲得社會安全遺屬福利嗎？

是的，因為如上所述，同性已婚夫婦有權享有異性已婚夫婦享有的所有福利。

然而，直到 奧貝格費爾訴霍奇斯案 2015年6月26日的判決顯示，許多同性伴侶生活在一些違反憲法的婚姻法禁止同性伴侶結婚的州。因此，當他們的配偶去世時，他們無法滿足社會安全遺屬福利的條件，即結婚9個月。

為了糾正這種不公平現象，Lambda Legal 提起了兩起訴訟， 伊利訴索爾案 和 桑頓訴社會安全專員案 並成功為從未結婚的同性伴侶申請社會安全遺屬福利（伊利訴索爾案）或最終能夠結婚，但結婚不到 9 個月，其配偶就去世了（桑頓訴社會安全專員案). 

這兩項裁決允許因歧視性州法律而被禁止結婚，從而沒有資格申請社會安全遺屬福利的同性伴侶提交申請。然而，申請的成功取決於能否提供足夠的文件，向社會安全局證明他們未能滿足9個月婚姻要求的唯一原因是歧視性州法律。

以下連結提供了更詳細的信息，並包含每起訴訟的常見問題解答，並列出了一些您可以提供獲得遺屬撫卹金所需文件的方式： 因違憲的州婚姻法而被排除在社會安全遺屬福利之外的同性伴侶和配偶的相關資訊 | Lambda Legal. 

如果我們需要結束婚姻該怎麼辦？

後 奧貝格費爾訴霍奇斯案, same-sex spouses everywhere can dissolve their marriages on the same terms as different-sex spouses. Rhode Island applies its divorce statutes to same-sex couples.

However, spouses should note that when Rhode Island courts divide marital property and award alimony, one of the factors a judge considers is the length of the marriage. The judge cannot include as marital property, property held in the name of one spouse if held by that spouse prior to marriage. Unfortunately for spouses whose partnership predated marriage equality, the length of the marriage may not accurately reflect the true length of the relationship, resulting in an unbalanced division of assets.

If you are going through divorce proceedings in Rhode Island and believe your division of assets may be unfairly affected by the length of the marriage, contact Glad Answers.

Does Rhode Island still allow civil unions?

Not anymore. Rhode Island stopped offering civil unions in 2013, but did not automatically convert them to marriage. If you have a civil union (or registered domestic partnership) from Rhode Island or another state, Rhode Island will grant you the same rights and benefits, and hold you to the same responsibilities, as a married couple in Rhode Island. However, with the exception of Social Security, the federal government will not recognize your civil union.

什麼是同居關係？

Although it is a term used in many contexts, “domestic partnership” most often means a status which recognizes an unmarried couple and their children as a family for certain limited purposes. This recognition may be given by a state or municipal governmental entity or by private businesses and organizations. In the workplace context, employers may set criteria for domestic partnership as a way for employees to obtain certain fringe benefits for their partners and families which were previously limited to married spouses. 

The State of Rhode Island, some Rhode Island cities and towns and many private employers in Rhode Island offer domestic partner benefits such as coverage for the partner and his/her children under the employee’s health insurance plan.

In other contexts, “domestic partner” is also a shorthand term for family, replacing “lover,” “friend,” and “roommate.” Some people call cohabitation agreements “domestic partner agreements.”

Does Rhode Island offer domestic partner benefits?

Although Rhode Island does not have a statewide domestic partnership registry like some other states, the Rhode Island legislature has enacted several laws that provide certain benefits to unmarried couples.

In order to qualify, both partners must certify by affidavit that (1) they are at least 18 years old and mentally competent to contract, (2) that neither partner is married to anyone, (3) that the partners are not related by blood to a degree that would prohibit marriage in the State of Rhode Island, (4) that the partners live together and have lived together for at least one year, (5) that the partners are financially interdependent as evidenced by at least two of the following: (A) a domestic partnership agreement or relationship contract; (B) a joint mortgage or joint ownership of a primary residence; (C) two of these: (i) joint ownership of a motor vehicle; (ii) a joint checking account; (iii) joint credit account; (iv) joint lease; and/or (D) the domestic partner has been designated a beneficiary for the employee’s will, retirement contract or life insurance.

What domestic partner benefits does Rhode Island offer to state employees?

In the summer of 2001, the Rhode Island legislature made domestic partner benefits available to state employees with respect to health insurance. It did so by changing the definition of “dependent” in state insurance laws. In 2006, Rhode Island extended these benefits to include family and medical leave to care for an ill partner and COBRA health insurance benefits for a state employee’s domestic partner; and in 2007, the legislature extended pension benefits, managed through the Employee Retirement System of Rhode Island, to surviving domestic partners with whom the employee had lived for at least a year and were “financially interdependent.”

To qualify, a same-sex couple must certify by affidavit to the benefits director of the division of personnel that the couple meets the requirements listed above. Misrepresentations of information in the affidavit will result in an obligation to repay any benefits received and a fine up to $1000. Employees are further required to inform the benefits director at their place of employment if and when their relationship ends.

Also, On July 1, 2018, the Healthy and Safe Families and Workplaces Act went into effect requiring employers with 18 or more employees to provide at least one hour of paid sick leave for every 35 hours worked.

Employers with fewer than 18 employees must provide sick time, but it does not need to be paid. The law guarantees eligible workers up to 24 hours of sick time per year beginning in 2018 before increasing to a maximum of 32 hours in 2019 and 40 hours in 2020. This law allows employees paid sick leave for themselves or to care for family or anyone they are living with, including a domestic partner.

Are other benefits available to domestic partners of public employees?

Under Rhode Island law, various death benefits or annuities, accidental death benefits or retirement benefits are available to the domestic partners of judges, teachers, police officers, firefighters and some other workers. If you believe you fall in one of these categories, you should consult a lawyer.

Some Rhode Island cities and towns offer domestic partner benefits such as coverage for the partner and his/her children under the employee’s health insurance plan.

What other protections does state law provide to domestic partners?

In January 2010, the Rhode Island legislature passed legislation that gives a domestic partner control over the remains and the funeral and burial arrangements of his/her partner provided: (1) the partner meets the definition of domestic partner defined above, and (2) the deceased has not designated another person as his/her “funeral planning agent” as described below in the section “Legal Protections for Same-Sex Couples—Funeral Planning Documents.” The law was championed by a gay man, Mark Goldberg, who had a five-week battle to claim the body of his partner of 17 years. Despite near unanimous passage, it took a legislative override of the Governor’s veto to finally enact the law.

Although it is an important step forward to have this protection for domestic partners, it does require that you prove that your relationship meets certain criteria at a time of tragedy. The better way to achieve this protection is to name your partner as your “funeral planning agent,” as discussed below. That agent takes precedence over everyone—spouse, domestic partner, and blood relatives.

私人雇主可以提供哪些類型的同居伴侶福利？

Private employers can provide to domestic partners many benefits, such as health insurance, family medical or bereavement leave, equal pension benefits, relocation expenses, or access to company facilities.

Even when employers provide these benefits, though, federal and state laws require different tax treatment of the benefits for domestic partners as compared to spouses. For example, an employee must pay federal and state income tax on the value of his or her partner’s health insurance benefits (unless the partner is a tax dependent), but a spouse does not. Partners do not qualify as spouses under federally-controlled Flexible Spending Accounts unless the partner is also a tax dependent.

As for pensions, under the Federal Pension Protection Act of 2006, employers may amend their 401(k) plans so that non-spouse beneficiaries may retain the asset as a retirement asset. If a plan is so amended, beneficiaries may “roll over” the 401(k) into an IRA depending upon the employee’s death whereas previous law required the beneficiary to take and pay income taxes on the 401(k) as a lump sum.

However, other discriminatory aspects of federal law remain regarding pensions. A domestic partner has no right to sign off if his or her partner decides to name someone else as the beneficiary of a pension, although a spouse would have that right. In addition, a domestic partner has no right comparable to that of a spouse to sign off on his or her partner’s designation of another person for survivor benefits.

What steps can a couple take to legally safeguard their relationship in Rhode Island?

有各種法律文件可以保護夫妻關係，無論夫妻之間沒有正式的法律關係還是已經結婚。

1. 關係協議或合約： Cohabitation agreements regarding property and finances are a good way for couples to sort out their affairs in writing before a separation. As long as the contract is not about sexual services, it has a good chance of being upheld as valid as long as it complies with the requisites for a valid contract. Bear in mind that, as in any state, specific provisions concerning children may or may not be enforced according to their terms because it is always in the court’s power to determine the best interests of children. (See discussion below concerning parenting agreements.)
2. 授權書： Any competent person may appoint another person (such as one’s partner) as their “attorney-in-fact” for financial matters in the event that one becomes incapacitated or disabled. The law provides a “short form” which allows you to mark the kinds of transactions you wish your partner (your “attorney-in-fact”) to perform. These include: (a) real estate transactions; (b) chattel and goods transactions; (c) bond, share and commodity transactions; (d) banking transactions; (e) business operating transactions; (f) insurance transactions; (g) claims and litigations; (h) benefits from military service; (i) records, reports and statements; and (j) all other matters. If no such appointment is made, then a “family” member will be empowered to make decisions for the disabled or incapacitated individual. This power of attorney does not include health care decisions.
3. Health Care Power of Attorney: Since medical care providers look to next of kin to make health care decisions for an incapacitated individual, an unmarried person must appoint a health care agent if he or she wishes another person to make those decisions instead of the family member. Under R.I. Gen. Laws § 23-4.10-2, a person may appoint a health care agent to make decisions — whether for a limited amount of time or indefinitely. The attorney-in-fact may then make decisions for you — either immediately or upon your becoming incompetent to make decisions. Even after you give another person a Health Care Power of Attorney, you may make decisions for yourself if that is what you wish and as long as you are competent to do so. The statute provides a “statutory form” that you can use for your Health Care Power of Attorney.

The power of attorney can specify the authority of the agent to make decisions on your behalf, and also state what kinds of treatments you do not desire, including treatments which might keep you alive. You can also specify your wishes regarding organ and tissue gifts after death.

The power of attorney must be signed either by one notary public or by two witnesses. None of these signers may be your designated or alternate agent; a health care provider or a health care provider employee; or the operator of a community care facility or an employee of such a facility. The power of attorney can be revoked at any time by creating a new power of attorney or by a clear expression of revocation. People often give a copy to their doctors and sometimes to family members.

1. Living Will: Within a durable power of attorney for health care, language may be inserted stating what the individual wishes regarding termination of life support, preferences for types of medical care, or limits on the agent’s authority.
2. 將要： Without a will, a deceased unmarried person’s property passes to: (1) their children; (2) their family; (3) if next of kin cannot be located, to the state. If you wish to provide for others, such as your partner, a will is essential. Even if you have few possessions, you can name in the will who will administer your estate. If you have children, you can nominate their future guardian in a will.
3. 葬禮計畫文件： Rhode Island permits a person to name another as his or her “funeral planning agent” with sole responsibility and authority to make any and all arrangements and decisions about funeral services, and burial or disposition of remains, including cremation. The document must be signed by the individual and should be notarized. To prevent any disputes with family members, it is preferable to give the instructions to the person you want to take care of matters, as well as to family members.

Even absent these documents, a surviving same-sex partner who can prove that their relationship satisfied the state criteria for being “domestic partners” (read the “Domestic Partnership” section above) can also assume control of the funeral and burial process.

However, this requires proving certain facts about your relationship at a time of tragedy and does not control if someone else has been appointed as the “funeral planning agent.” The best way to ensure that your partner is able to make these decisions is to name your partner your “funeral planning agent.”

In 2018, Rhode Island passed a law that requires the death certificate to reflect the gender identity of the decedent as reported by the next of kin, or the best qualified person, or by a document memorializing the decedent’s wishes. To ensure that this happens, it is best to give the person you appoint as your “funeral planning agent” a notarized document that attests to your gender identity.

一個人是否需要律師來取得這些文件？

GLAD 建議與律師合作處理這些文件。

雖然表格可用，但表格可能不適合您個人的需求和願望。此外，律師或許能夠更好地幫助您實現目標，例如，透過起草遺囑，使其更有可能避免因家庭成員不滿而提出的遺囑異議，或指定一位提供非常具體指示的醫療代理人。此外，律師還可以協助解決因這些文件之間存在重疊部分而產生的法律不確定性。 GLAD Answers 可以為您推薦 GLAD 律師轉介服務的會員律師。

如果未婚夫婦分居，關係或合作協議/合約的法律地位是什麼？

Upon separation, the terms of a Relationship or Partnership Agreement/Contract will come into play if the couple has one. Absent an agreement, couples can get involved in costly and protracted litigation about property and financial matters but without the divorce system to help them sort through it. The Rhode Island Supreme Court has recognized that, under some circumstances, contract theories and equitable principles may apply to address the property and financial matters of a separating same-sex couple even without a written agreement.80 Written agreements offer vastly greater security, however, providing the court with a roadmap as to the intentions of the parties.

請注意：如果您改變了主意，不再選擇您的「事實上的律師」、醫療保健代表、遺囑受益人或執行人、葬禮策劃人、監護人或指定文件下的指定人，則應撤銷這些文件（並通知所有獲得這些文件副本的人員），並準備反映您當前意願的新文件。

有孩子的同性伴侶分手後該遵守什麼標準？

有孩子的同性伴侶分手後應該：

1. 支持 LGBTQ+ 父母的權利；
2. 尊重現有的關係，不論其法律標籤如何；
3. 分手後尊重孩子現有的父母關係；
4. 為孩子保持連續性；
5. 尋求自願解決方案；
6. 記住，分手很難；
7. 調查虐待指控；
8. 不允許因缺乏協議或法律關係而決定結果；
9. 將訴訟視為最後的手段；
10. 拒絕訴諸恐同/恐變性人的法律和情緒來達到預期結果。

有關這些標準的更多詳細信息，請參閱出版物《保護家庭：LGBTQ+ 家庭標準》，網址為： Protecting Families: Standards for LGBTQ+ Families. 

法院通常如何做出監護權裁決？

In Rhode Island, the leading case regarding the best interests of the child is Pettinato v. Pettinato. The Rhode Island legislature has not statutorily defined the factors that comprise a child’s best interests, but in the Pettinato case, the Rhode Island Supreme Court listed eight factors that should be considered by courts to determine the best interests of the child:

1. The wishes of the child’s parent or parents regarding the child’s custody;
2. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference;
3. The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings, and any other person who may significantly affect the child’s best interest;
4. The child’s adjustment to the child’s home, school, and community;
5. The mental and physical health of all individuals involved;
6. The stability of the child’s home environment;
7. The moral fitness of the child’s parents; and
8. The willingness and ability of each parent to facilitate a close and continuous parent-child relationship between the child and the other parent.

In addition, Rhode Island Law requires courts to “consider evidence of past or present domestic violence” and arrange visitation to best protect the child and the abused parent from further harm.”

As to visitation, the law provides that whichever parent does not have primary physical custody of the child shall be granted a reasonable right of visitation, unless there is a showing of cause why the right should not be granted.

監護權有不同的種類嗎？

是的，四種：

1. “唯一法定監護權” 意味著只有一位家長有權為孩子做出重大的人生決定，包括教育、醫療以及情感、道德和宗教發展等議題。
2. “共同法定監護權” 意味著父母雙方都參與並做出這些決定。
3. “單獨監護權” 意味著孩子只與一位家長一起生活並受其監督，但另一位家長可以合理地探視孩子，除非法院認定探視不符合孩子的最佳利益。
4. “共同監護” 意味著孩子與父母雙方居住在一起，並能確保與父母雙方經常接觸。

如果法院認為這符合孩子的最大利益，也可以將監護權授予第三方。

如果我與前任異性戀伴侶育有一子，而我現在與同性伴侶有關係，我的前任可以在監護權訴訟中利用我的性取向來對付我嗎？

In Rhode Island, the question should turn on whether there is evidence of direct harm to the best interests of the child, although there has been no reported case on the subject. As a general matter, “[i]n any proceeding or suit in any court, neither parent shall have any natural priority or preference in any matter relating to their minor children.” Specific acts of parental misconduct are relevant to determinations of child custody.

Is it considered harm to the child if he or she is teased about having a gay or lesbian parent?

不應該。身為同性戀父母，額外的責任之一就是幫助孩子應對這種可能性或現實。當然，孩子可能會因為各種原因被嘲笑，從耳朵的大小、父母的口音，到缺乏時尚感，所以所有父母都需要幫助孩子培養應對同儕騷擾的機制和策略。

就法律問題而言，美國最高法院的一個案例尤其具有啟發意義， 帕爾莫爾訴西多蒂，美國最高法院在該案中推翻了佛羅裡達州法院將監護權從母親轉移到父親的判決。監護權轉換的原因是白人母親與一名黑人男子有染，後來她嫁給了該男子。最高法院承認偏見和歧視的現實存在，並且孩子可能會被戲弄，但拒絕迎合這些偏見或通過改變先前的監護權安排賦予其法律效力。在一份適用於所有人的憲法原則聲明中，最高法院一致表示：“憲法不能控制偏見，但也不能容忍偏見。私人偏見可能超出法律的範圍，但法律不能直接或間接地使其生效。”

如果我的前任在我們分手前就知道或懷疑我是 LGBTQ+，這有關係嗎？

這可能會對未來修改監護權法院命令產生影響。當情況發生變化，影響到孩子的最大利益時，人們可以尋求修改監護權法院命令。如果配偶在法庭訴訟時不知道你的性取向或性別認同，但後來才知道，他們可能會辯稱這是情況變化，監護權問題應該重新進行訴訟。

當然，如果一方配偶或前異性戀伴侶在法院審理確定監護權時知道另一方的同性戀傾向，那麼以此為由提出修改請求就毫無意義。

當我的伴侶在場時，法院可以阻止我的孩子探望嗎？

Courts have the power to do this but should not do so unless it is clearly in the best interests of the child. Visitation restrictions are inherently suspect. In 勞倫斯訴德克薩斯州美國最高法院所做的遠不止性行為合法化。它承認同性戀者有權建立和維持充滿愛的人際關係，並享有不受政府限制和法律譴責的私人生活。由於同性戀者可以做出“與家庭關係[和]撫養子女相關的個人決定”，因此監護權和探視權的限制必須得到相應處理。法院與父母之間道德價值觀的差異、對同性戀父母行為的推定，或對他們關係的“社會譴責”，如果曾經是，就不應再成為允許的因素。

資源

美國同性婚姻的歷史： 美國同性婚姻的歷史—維基百科. 

Civil Union and Domestic Partner Benefits: Domestic Partner / Civil Unions Benefits | Human Resource Administration. 

Rhode Island Estate Planning Laws: Rhode Island Estate Planning Laws – FindLaw. 

Divorce: The Basic Divorce Process – RILS. 

Rhode Island Child Custody Laws: The Basic Divorce Process – RILS. 

案件與辯護

To see Family cases or advocacy which GLAD has been directly involved with in Rhode Island, go to: 案件與辯護 – GLAD and under “By Issue” click on “Family” and under “By Location” click on “Rhode Island.”

新聞與新聞稿

To see news and press releases about Family in Rhode Island, go to: 新聞與新聞稿 – GLAD and under “By Issue” click on “Family” and under “By Location” click on “Rhode Island.”