(1) For purposes of this section, an embryo that exists outside a persons body is not considered to be conceived until the embryo is implanted into a persons body. (2) Except as provided in subsections (3) and (4) of this section, the relationships existing at the time of the death of a decedent govern the passing of the decedents estate. (3) A person conceived before the death of the decedent and born alive thereafter inherits as though the person was a child of the decedent and alive at the time of the death of the decedent. (4) Notwithstanding ORS 109.218 and 109.240, a child conceived from the genetic material of a decedent who died before the transfer of the decedents genetic material into a persons body is not entitled to an interest in the decedents estate unless: (a) The decedent, in a writing signed by the decedent and dated, specified that the decedents genetic material may be used for the posthumous conception of a child of the decedent; (b) The person designated by the decedent to control use of the decedents genetic material gives written notice to the personal representative of the decedents estate, within four months of the date of the appointment of the personal representative, that the decedents genetic material is available for the purpose of posthumous conception; and (c) The child conceived from the decedents genetic material is in utero within 24 months after the date of the decedents death.
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