Section 560:2-126 - Child conceived by assisted reproduction other than a child born to gestational carrier(a) In this section: "Birth mother" means an individual, other than a gestational carrier under section 560:2-127, who gives birth to a child of assisted reproduction. "Birth mother" is not limited to an individual who is the child's genetic mother.
"Third-party donor" means an individual who produces eggs or sperm used for assisted reproduction, whether or not for consideration. "Third-party donor" does not include:
(1) A spouse who provides sperm or eggs that are used for assisted reproduction by a gestational spouse;(2) The birth mother of a child of assisted reproduction; or(3) An individual who has been determined under subsection (e) or (f) to have a parent-child relationship with a child of assisted reproduction.(b) A parent-child relationship shall not be deemed to exist between a child of assisted reproduction and a third-party donor.(c) A parent-child relationship shall be deemed to exist between a child of assisted reproduction and the child's birth mother.(d) Except as otherwise provided in subsections (i) and (j), a parent-child relationship shall be deemed to exist between a child of assisted reproduction and the spouse of the child's birth mother if the spouse provided the sperm that the birth mother used during the spouse's lifetime for assisted reproduction.(e) A birth certificate identifying an individual other than the birth mother as the other parent of a child of assisted reproduction shall presumptively establish a parent-child relationship between the child and that individual.(f) Except as otherwise provided in subsections (g), (i), and (j), and unless a parent-child relationship is established under subsection (d) or (e), a parent-child relationship shall be deemed to exist between a child of assisted reproduction and an individual other than the birth mother who consented to assisted reproduction by the birth mother with the intent to be treated as the other parent of the child. Consent to assisted reproduction by the birth mother with intent to be treated as the other parent of the child shall be established if the individual:(1) Signed a record, before or after the child's birth, that, considering all the facts and circumstances, evidences the individual's consent; or(2) In the absence of a signed record under paragraph (1): (A) Functioned as a parent of the child no later than two years after the child's birth;(B) Intended to function as a parent of the child no later than two years after the child's birth but was prevented from carrying out that intent by death, incapacity, or other circumstances; or(C) Intended to be treated as a parent of a posthumously conceived child, if that intent is established by clear and convincing evidence.(g) For the purpose of subsection (f)(1), neither an individual who signed a record more than two years after the birth of the child, nor a relative of that individual who is not also a relative of the birth mother, inherits from or through the child unless the individual functioned as a parent of the child before the child reached eighteen years of age.(h) For the purpose of subsection (f)(2):(1) If the birth mother is married and no divorce proceeding is pending, or in a reciprocal beneficiary relationship, in the absence of clear and convincing evidence to the contrary, the birth mother's spouse or reciprocal beneficiary shall be deemed to satisfy subsection (f)(2)(A) or (B); and(2) If the birth mother is a surviving spouse and at the death of the birth mother's deceased spouse no divorce proceeding was pending, or is the surviving reciprocal beneficiary, in the absence of clear and convincing evidence to the contrary, the birth mother's deceased spouse or reciprocal beneficiary shall be deemed to satisfy subsection (f)(2)(B) or (C).(i) If a married couple is divorced before placement of eggs, sperm, or embryos, a child resulting from the assisted reproduction shall not be treated as a child of the birth mother's former spouse, unless the former spouse consented in a record that, if assisted reproduction were to occur after divorce, the child would be treated as the former spouse's child.(j) If, in a record, an individual withdraws consent to assisted reproduction before placement of eggs, sperm, or embryos, a child resulting from the assisted reproduction shall not be treated as a child of that individual, unless the individual subsequently satisfies subsection (f).(k) If, under this section, an individual is a parent of a child of assisted reproduction who is conceived after the individual's death, the child shall be treated as in gestation at the individual's death for purposes of section 560:2-104(b)(2) if the child is:(1) In utero no later than thirty-six months after the individual's death; or(2) Born no later than forty-five months after the individual's death.Added by L 2023, c 158,§ 2, eff. 6/29/2023.