[§584A-804]  Consent to assisted reproduction.  (a)  Except as otherwise provided in subsection (b), the consent described in section 584A-803 shall be in a record signed by an individual giving birth to a child conceived by assisted reproduction and the other individual who intends to be a parent of the child.

     (b)  Failure to consent in a record as required by subsection (a), before, on, or after the birth of the child shall not preclude the court from finding consent to parentage if:

     (1)  The individual giving birth to a child or the other individual proves by clear and convincing evidence the existence of an express agreement entered into before conception that the individual giving birth and the other individual intended they both would be parents of the child; or

     (2)  The individual giving birth to the child and the other individual for the first two years of the child's life, including any period of temporary absence, resided together in the same household with the child and both openly held out the child as the individual's child; provided that if an individual dies or becomes incapacitated before the child attains two years of age or the child dies before the child attains two years of age, the court may find consent under this subsection to parentage if a party proves by clear and convincing evidence that the individual giving birth to the child and the other individual intended to reside together in the same household with the child and both intended the individual would openly hold out the child as the individual's child, but the individual was prevented from carrying out that intent by death or incapacity. [L 2025, c 298, pt of §2]