Subject to section eight of this article, an anatomical gift may be made during the life of the donor for the purpose of transplantation, therapy, research or education by:(1) The donor, if the donor is an adult;(2) The donor, if the donor is a minor and is emancipated or sixteen (16) years of age or older;(3) An agent of the donor, unless the medical power of attorney or other record prohibits the agent from making an anatomical gift;(4) A parent of the donor, if the donor is an unemancipated minor; or(5) The donor's guardian.
West Virginia Legal Code