(750 ILCS 46/705) Sec. 705. Parental status of deceased individual. (a) If an individual 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 individual's death does not preclude the establishment of the individual's parentage of the child if the individual otherwise would be a parent of the child under this Act. (b) If an individual who consented in a record to assisted reproduction by an individual who agreed to give birth to a child dies before a transfer of gametes or pre-embryos, the deceased individual is a parent of a child conceived by the assisted reproduction only if both of the following occurred: (i) Either the individual consented in a record that if assisted reproduction were to occur after the death of the individual, the individual would be a parent of the child or 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 (ii) the transfer of the gamete or pre-embryo transfer occurs not later than 36 months after the individual's death.(Source: P.A. 104-448, eff. 12-12-25.) |