(a) If an individual who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer of a gamete or embryo and the birth of the child, the individual’s death does not preclude the establishment of the individual’s parentage of the child if the individual otherwise would be a parent of the child pursuant to this article. (b)(1) If an individual who consented in a record to assisted reproduction by the individual giving birth to the child dies before transfer or implantation of gametes or embryos, the deceased individual is not a parent of a child conceived by assisted reproduction unless: (i) The deceased individual consented in a record that if assisted reproduction were to occur after the death of the deceased individual, the deceased individual would be a parent of the child; or (ii) The deceased individual’s intent to be a parent of a child conceived by assisted reproduction after the individual’s death is established by a preponderance of the evidence. (2) An individual is a parent of a child conceived by assisted reproduction under subsection (b)(1) of this section, only if: (i) The embryo is in utero not later than thirty-six (36) months after the individual’s death; or (ii) The child is born not later than forty-five (45) months after the individual’s death.
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