(a) If a person 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 person’s death does not preclude the establishment of the person’s parentage of the child if the person otherwise would be a parent of the child under this chapter.
(b)(1) If a person who consented in a record to assisted reproduction by the person giving birth to the child dies before transfer or implantation of gametes or embryos, the deceased person is not a parent of a child conceived by assisted reproduction unless:
(A) the deceased person consented in a record that if assisted reproduction were to occur after the death of the deceased person, the deceased person would be a parent of the child; or
(B) the deceased person’s intent to be a parent of a child conceived by assisted reproduction after the person’s death is established by a preponderance of the evidence.
(2) A person is a parent of a child conceived by assisted reproduction under subdivision (1) of this subsection only if:
(A) the embryo is in utero not later than 36 months after the person’s death; or
(B) the child is born not later than 45 months after the person’s death.