(1) ORS 109.238 applies to an intended parent even if the intended parent dies during the period between the transfer resulting in a pregnancy and the birth of the child. (2) Except as otherwise provided in ORS 109.244, an intended parent who dies before the transfer resulting in a child conceived by assisted reproduction under a gestational surrogacy agreement is the childs parent only if: (a) The agreement provides that the intended parent would be the parent of a child conceived by a transfer occurring after the intended parents death; and (b) The transfer occurs not later than 24 months after the death of the intended parent. Note: See note under 109.222.
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