§ 257e-27

257E.27 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 does 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: (i) 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 (ii) 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: (i) the embryo is in utero not later than 36 months after the individual's death; or (ii) the child is born not later than 45 months after the

lished by clear and convincing evidence; and (2) either: (i) the embryo is in utero not later than 36 months after the individual's death; or (ii) the child is born not later than 45 months after the individual's death. History: 2024 c 101 art 4 s 9