As Amended
SEC. 41-39-35. Persons authorized to make donations.
(a) Any individual who is eighteen (18) years of age or over and who is competent to execute a will may give all or any part of his body for any one or more of the purposes specified in sections 41-39-31 to 41-39-51, the gift to take effect after death.
(b) Unless he has knowledge that contrary directions have been given by the decedent, the following persons, in the order of priority stated, may give all or any part of a decedent's body for any one or more of the purposes specified in sections 41-39-31 to 41-39-51:
(1) The spouse, if one survives.
(2) An adult son or daughter.
(3) Either parent.
(4) An adult brother or sister.
(5) The guardian of the person of the decedent at the time of his death.
(6) Any other person or agency authorized or under obligation to dispose of the body.
If there is no surviving spouse and an adult son or daughter is not immediately available at the time of death of a decedent, the gift may be made by either parent.
If a parent of decedent is not immediately available, the gift may be made by an adult brother or sister of decedent. If there is known to be a controversy within the class of persons first entitled to make the gift, the gift will not be accepted. The persons authorized herein to make the gift may execute the document of gift either after death or during a terminal illness. The decedent may be a minor or a stillborn infant.
If the gift is made by a person designated above, it shall be by written or telegraphic consent.
SOURCES: Codes, 1942, Sec. 278.3-01; Laws, 1970, ch. 413, Sec. 1; 1976, ch. 406, Sec. 2, eff from and after July 1, 1976.