[§584A-808]  Parental status of deceased individual.  (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 shall not preclude the establishment of the individual's parentage of the child if the individual otherwise would be a parent of the child under this chapter.

     (b)  If an individual who consented in a record to assisted reproduction by an individual who agreed to give birth to a child dies before a transfer of gametes or embryos, the deceased individual is a parent of a child conceived by the assisted reproduction only if:

     (1)  Either:

          (A)  The individual consented in a record that if assisted reproduction were to occur after the death of the individual, the individual would be a parent of the child; or

          (B)  The individual's intent to be a parent of a child conceived by assisted reproduction after the individual's death is established by clear and convincing evidence; and

     (2)  Either:

          (A)  The embryo is in utero no later than thirty-six months after the individual's death; or

          (B)  The child is born no later than forty-five months after the individual's death. [L 2025, c 298, pt of §2]