Parental status of deceased individual. (1) If an individual who intends to be a parent of a child conceived by assisted reproduction, other than under a surrogacy agreement, dies during the period between the date of transfer and the birth of the child, the individual’s death does not preclude the establishment of the individual’s parentage of the child in the same manner as if the individual had died after the birth of the child

(2) If an individual who consented in writing to assisted reproduction as described in ORS 109.211 (1)(a) dies before a transfer that results in pregnancy, the deceased individual is a parent of a child conceived by the transfer only if:

(a)(A) The individual consented in writing 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

(b) The embryo is in utero not later than 24 months after the individual’s death. [2025 c.592 §62]