§ 23-18.6.1-9 - Who may make anatomical gift of decedent's body or part.
SECTION 23-18.6.1-9
§ 23-18.6.1-9 Who may make anatomical giftof decedent's body or part. – (a) Subject to subsections (b) and (c) and unless barred by this chapter, ananatomical gift of a decedent's body or part for purpose of transplantation,therapy, research, or education may be made by any member of the followingclasses of persons who is reasonably available, in the order of priority listed:
(1) An agent of the decedent at the time of death who couldhave made an anatomical gift pursuant to this chapter immediately before thedecedent's death;
(2) The spouse of the decedent or the certified domesticpartner of the decedent as defined in subsections 36-12-1(3) and 45-19-4.3(b)or any other provision of state law;
(3) Adult children of the decedent;
(4) Parents of the decedent;
(5) Adult siblings of the decedent;
(6) Adult grandchildren of the decedent;
(7) Grandparents of the decedent;
(8) An adult who exhibited special care and concern for thedecedent, who is familiar with the decedent's personal values, and who hadmaintained regular contact with the decedent prior to his or her death;provided, however, it shall not include any medical personnel caring for thedecedent at the time of or immediately leading up to the decedent's death; and
(9) The persons who were acting as the guardians of theperson of the decedent at the time of death.
(b) If there is more than one member of a class listed in theprevious subsection which is entitled to make an anatomical gift, an anatomicalgift may be made by a member of the class unless that member or a person towhich the gift may pass under the provisions of this chapter knows of anobjection by another member of the class. If an objection is known, the giftmay be made only by a majority of the members of the class who are reasonablyavailable.
(c) A person may not make an anatomical gift if, at the timeof the decedent's death, a person in a prior class under subsection (a) isreasonably available to make or to object to the making of an anatomical gift.