When a deceased person can still be a parent

(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 shall 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: (A) 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 (B) 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: (A) The embryo is in utero no later than thirty-six months after the individual's death; or (B) The child is born no later than forty-five months after the individual's death.