Section 28H. Except as otherwise provided in section 28J, an intended parent shall not be a parent of a child conceived by assisted reproduction under a gestational surrogacy agreement if the intended parent dies before the transfer or implantation of a gamete or embryo unless: (i) the surrogacy agreement provides otherwise; and (ii) the transfer of a gamete or embryo occurs not later than 36 months after the death of the intended parent or birth of the child occurs not later than 45 months after the death of the intended parent.
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