34-26-51. Who may make anatomical gift before donor's death.Subject to §34-26-55, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in §34-26-52 by:(1)The donor, if the donor is an adult or if the donor is a minor and is:(A)Emancipated; or(B)Authorized under state law to apply for a driver's license because the donor is at least fourteen years of age, provided, that if the minor is unemancipated, a parent or guardian has consented that the organ donor indicator be placed on the minor's driver license or nondriver identification card;(2)An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;(3)A parent of the donor, if the donor is an unemancipated minor; or(4)The donor's guardian. Source: SL 2007, ch 197, §4.
South Dakota Legal Code