(a) Section 584A-908 shall apply to an intended parent even if the intended parent dies during the period between the transfer of a gamete or embryo and the birth of the child.
(b) Except as otherwise provided in section 584A-911, an intended parent is not a parent of a child conceived by assisted reproduction under a gestational surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless:
(1) The agreement provides otherwise; and
(2) The transfer of a gamete or embryo occurs no later than thirty-six months after the death of the intended parent, or the birth of the child occurs no later than forty-five months after the death of the intended parent.