(a) Except as otherwise provided in subsection (b) of this section, the consent described in § 15-8.1-703, must be in a record signed by the individual giving birth to a child conceived by assisted reproduction and the individual who intends to be a parent of the child.
(b) In the absence of a record pursuant to subsection (a) of this section, before, on, or after the birth of the child, a court may adjudicate an individual as the parent of a child, if it finds by a preponderance of the evidence that:
(1) Prior to conception or birth of the child, the parties entered into an agreement that they both intended to be the parents of the child; or
(2) The parties resided with the child and assumed the duties and responsibilities of parentage.
(c) The court may order after hearing that the parties be listed on the birth certificate.