1. A person is guilty of a class C felony if the person knowingly, or negligently, causes the death of an infant born alive.
2. Whenever an unborn child who is the subject of abortion is born alive and is viable, it becomes an abandoned child and a child in need of protection, unless:
a. The termination of the pregnancy is necessary to preserve the life of the mother; or b. The mother and her spouse, or either of them, have agreed in writing in advance of the abortion, or within seventy-two hours thereafter, to accept the parental rights and responsibilities for the unborn child if it survives the abortion procedure.