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Code · Vermont · Vermont Statutes

§ 707.

235 words·~1 min read·/vt/707-2

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§ 707. Parental status of deceased person
(a)If a person 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 person’s death does not preclude the establishment of the person’s parentage of the child if the person otherwise would be a parent of the child under this chapter.
(b)(1) If a person who consented in a record to assisted reproduction by the person giving birth to the child dies before transfer or implantation of gametes or embryos, the deceased person is not a parent of a child conceived by assisted reproduction unless:
(A)the deceased person consented in a record that if assisted reproduction were to occur after the death of the deceased person, the deceased person would be a parent of the child; or
(B)the deceased person’s intent to be a parent of a child conceived by assisted reproduction after the person’s death is established by a preponderance of the evidence.
(2)A person is a parent of a child conceived by assisted reproduction under subdivision
(1)of this subsection only if:
(A)the embryo is in utero not later than 36 months after the person’s death; or
(B)the child is born not later than 45 months after the person’s death. (Added 2017, No. 162 (Adj. Sess.), § 1.)
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