§ 4-1.3 Inheritance by children conceived after the death of an intended\n parent\n (a) When used in this article, unless the context or subject matter\nmanifestly requires a different interpretation:\n (1) "Genetic material" shall mean sperm or ova provided by a genetic\nparent.\n (2) "Child" shall mean a child conceived through assisted\nreproduction.\n (3) "Intended parent" shall have the same meaning as defined in\nsection 581-102 of the family court act.\n (b) For purposes of this article, a genetic child is the child of his\nor her intended parent or parents and, notwithstanding paragraph (c) of\nsection 4-1.1 of this part, is a distributee of his or her intended\nparent or parents and, notwithstanding subparagraph (2) of paragraph (a)\nof section 2-1.3 of this chapter, is included in any disposition of\nproperty to persons described in any instrument of which an intended\nparent of the genetic child was the creator as the issue, children,\ndescendants, heirs, heirs at law, next of kin, distributees (or by any\nterm of like import) of the creator if it is established that:\n (1) the intended parent in a written instrument executed pursuant to\nthe provisions of this section not more than seven years before the\ndeath of the intended parent expressly consented that if assisted\nreproduction were to occur after the death of the intended parent, the\ndeceased individual would be a parent of the child; and\n (2) the child was in utero no later than twenty-four months after the\nintended parent's death or born no later than thirty-three months after\nthe intended parent's death.\n (c) If the child was conceived using the genetic material of the\nintended parent, it must further be established that:\n (1) the intended parent in a written instrument executed pursuant to\nthe provisions of this section not more than seven years before the\ndeath of the intended parent authorized a person to make decisions about\nthe use of the intended parent's genetic material after the death of the\nintended parent;\n (2) the person authorized in the written instrument to make decisions\nabout the use of the intended parent's genetic material gave written\nnotice, by certified mail, return receipt requested, or by personal\ndelivery, that the intended parent's genetic material was available for\nthe purpose of conceiving a child of the intended parent, and such\nwritten notice was given;\n (A) within seven months from the date of the issuance of letters\ntestamentary or of administration on the estate of the intended parent,\nas the case may be, to the person to whom such letters have issued, or,\nif no letters have been issued within four months of the death of the\nintended parent, and\n (B) within seven months of the death of the intended parent to a\ndistributee of the intended parent; and\n (3) the person authorized in the written instrument to make decisions\nabout the use of the intended parent's genetic material recorded the\nwritten instrument within seven months of the intended parent's death in\nthe office of the surrogate granting letters on the intended parent's\nestate, or, if no such letters have been granted, in the office of the\nsurrogate having jurisdiction to grant them.\n (d) The written instrument referred to in subparagraph (1) of\nparagraph (b) of this section and subparagraph (1) of paragraph (c) of\nthis section:\n (1) must be signed by the intended parent in the presence of two\nwitnesses who also sign the instrument referred to in subparagraph (1)\nof paragraph (c) of this section, both of whom are at least eighteen\nyears of age and neither of whom is a person authorized under the\ninstrument to make decisions about the use of the intended parent's\ngenetic material;\n (2) may be revoked only by a written instrument signed by the intended\nparent and executed in the same manner as the instrument it revokes;\n (3) may not be altered or revoked by a provision in the will of the\nintended p
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