(1) An individuals parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement: (a) Is established by operation of law if: (A) Before, on or after the childs birth, the individual consents in writing to the assisted reproduction; (B) The writing states that the individual intends to be a parent of the child; and (C) The writing is signed by the individual and the parent who gave birth to the child; or (b) May be established by judgment of the court if the individual did not consent in writing or the writing does not meet the requirements of paragraph (a) of this subsection and a court finds by clear and convincing evidence that: (A) The individual and the parent who gave birth to the child entered into an express agreement before the childs conception that the individual and the parent who gave birth to the child both would be parents of the child; or (B) The individual and the parent who gave birth to the child resided together in the same household with the child and both openly held out the child as the individuals child: (i) For the first two years of the childs life, including any period of temporary absence; or (ii) From the childs birth until the death of the child or the death or incapacity of the individual, if, before the child attains two years of age, the child dies or the individual dies or becomes incapacitated, and a party proves by clear and convincing evidence that the parent who gave birth to the child and the individual both intended the individual would openly hold out the child as the individuals child, but the individual was prevented from carrying out that intent by the death of the child or the individuals death or incapacity. (2) When determining whether an individuals absence was temporary under subsection (1) of this section, the court shall consider the totality of the circumstances, including whether the individuals absence was due to military service.
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