§ 15-8.1-707. Parental status of a 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 pursuant to this article.
(b)(1) If an individual who consented in a record to assisted reproduction by the individual giving birth to the child dies before transfer or implantation of gametes or embryos, the deceased individual is not a parent of a child conceived by assisted reproduction unless:
(i) The deceased individual consented in a record that if assisted reproduction were to occur after the death of the deceased individual, the deceased individual would be a parent of the child; or
(ii) The deceased individual’s intent to be a parent of a child conceived by assisted reproduction after the individual’s death is established by a preponderance of the evidence.
(2) An individual is a parent of a child conceived by assisted reproduction under subsection (b)(1) of this section, only if:
(i) The embryo is in utero not later than thirty-six (36) months after the individual’s death; or
(ii) The child is born not later than forty-five (45) months after the individual’s death.
History of Section.
P.L. 2020, ch. 59, § 2; P.L. 2020, ch. 60, § 2.