(a) A donor is not a parent of a child conceived through assisted reproduction.
(b) Notwithstanding subsection (a) of this section:
(1) a person who provides a gamete or gametes or an embryo or embryos to be used for assisted reproduction for the person’s spouse is a parent of the resulting child; and
(2) a person who provides a gamete or an embryo for assisted reproduction is a parent of the resulting child if the person has a written agreement or agreements with the person giving birth that the person providing the gamete or the embryo is intended to be a parent.