(a) Except as provided in § 46b-535 or 46b-536, upon birth of a child conceived by assisted reproduction under a genetic surrogacy agreement, each intended parent is, by operation of law, a parent of the child whether the surviving parent is the genetic parent of the child conceived, or not, notwithstanding the death of an intended parent during the period between the transfer of a gamete or embryo and the birth of the child.

(b) Except as provided in § 46b-535 or 46b-536, an intended parent is not a parent of a child conceived by assisted reproduction under a genetic surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless:

(1) The person executed a written document, which may include the surrogacy agreement, that: (A) Specifically set forth that the person’s gametes may be used for posthumous conception of a child, (B) specifically provided the other intended parent with authority to exercise custody, control and use of the gametes in the event of the person’s death, and (C) was signed and dated by the person and the other intended parent; and

(2) The embryo is in utero not later than one year after the date of the person’s death.