Section 41-39-117 - Who may make anatomical gift of decedent's body or part

(a) Subject to subsections (b) and (c) and unless barred by Section 41-39-113 or 41-39-115, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed: (1) An agent of the decedent at the time of death who could have made an anatomical gift under Section 41-39-107(2) immediately before the decedent's death;(2) The spouse of the decedent;(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 the decedent;(9) The persons who were acting as the guardians of the person of the decedent at the time of death; and(10) Any other person having the authority to dispose of the decedent's body.(b) If there is more than one (1) member of a class listed in subsection (a)(1), (3), (4), (5), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass

bsection (a)(1), (3), (4), (5), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under Section 41-39-121 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.(c) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift.(d) If the decedent's body has already been buried, consent to disinterment of the body for any one or more of the purposes specified in subsection (a) of this section shall be governed by Section 41-43-59. Laws, 2008, ch. 561, § 9; reenacted without change, Laws, 2012, ch. 346, § 9, eff. 7/1/2012.Amended by Laws, 2021, ch. 335, HB 286,§ 3, eff. 7/1/2021.Reenacted without change by Laws, 2014, ch. 315, SB 2217, 9, eff. 7/1/2014.