168-B:15 Death of the Intended Parent or Parents. –
I. Prior to any embryo transfer pursuant to the gestational carrier arrangement, the intended parent or parents shall make guardianship provisions for the prospective child by amending their existing estate planning documents, or by executing estate planning documents containing such provisions if they have no existing estate planning documents.
II. In the event that the intended parent or parents predecease the birth of the resulting child, the terms and conditions of the gestational carrier agreement shall remain in full force and effect, and the resulting child shall be delivered into the sole care and custody of the guardian nominated in the estate planning documents of the intended parent or parents, or of the guardian designated by a court of appropriate jurisdiction, if both parents are deceased, or into the sole care and custody of the surviving intended parent if only one of the 2 intended parents is deceased.
III. Any child conceived by assisted reproduction and pursuant to the terms of the gestational carrier agreement shall have all testamentary and inheritance rights from the intended parent or parents, and shall have no testamentary or inheritance rights from the gestational carrier and her spouse or partner, if any. The intended parent or parents shall have testamentary and inheritance rights from the resulting child as parents.