As Amended
SEC. 41-39-39. Manner of effecting donation.
(1) A gift of all or part of the body for purposes of sections 41-39-39 to 41-39-51 may be made by will, in which
case the gift becomes effective immediately upon death of the testator without waiting for probate. If the will is not
probated, or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in
good faith, is nevertheless valid and effective.
(2) A gift of all or part of the body for purposes of sections 41-39-31 to 41-39-51 may also be made by document
other than a will. The document must be signed by the donor in the presence of two (2) witnesses who, in turn,
shall sign the document in the donor's presence. If the donor cannot sign in person, the document may be signed
for him, at his direction and in his presence, and in the presence of two (2) witnesses who, in turn, shall sign the
document in the donor's presence. The gift becomes effective immediately upon death of donor.
Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid. The document
may consist of a properly executed card carried on the donor's person or in his effects. The document and/or card
shall conform substantially to the following form:
"CERTIFICATE OF AUTHORIZATION FOR POST-MORTEM STUDY AND EXAMINATION OR REMOVAL OF
TISSUES OR ORGANS
I, the undersigned, this ____ day of ____, 19_, desiring that my ____ be made available after my demise for:
(1) Any licensed hospital, surgeon or physician, for medical education, research, advancement of medical science,
therapy or transplantation to individuals;
(2) Any accredited medical school, college or university engaged in medical education or research, for therapy,
educational research or medical science purposes or any accredited school of mortuary science;
(3) Any person operating a bank or storage facility for blood, arteries, eyes, pituitaries, or other human parts, for use
in medical education, research, therapy or transplantation to individuals;
(4) The donee specified below, for therapy or transplantation needed by him or her, do hereby donate my ____ for
said purpose to ____ (Name) at ____ (Address).
I hereby authorize a licensed physician, surgeon or certified technician or the state anatomy board to remove and
preserve for use my ____ for said purpose.
_______________
(Donor)
________________ _______________
(Name and Address) (Address)
________________ _______________
(Name and Address) (Telephone)
accepted by and utilized at the discretion of the attending physician at or following death.
If the gift is made to a named donee who is not readily available at the time and place of death, and if the gift is
evidenced by a properly executed card or other document carried on the donor's person or in his effects, the
attending physician at or following death may, in reliance upon the card or other document, accept and utilize the
gift in his discretion as the agent of the donee. The agent possesses and may exercise all of the rights and is entitled
to all of the immunities of the donee under sections 41-39-31 to 41-39-51.
If the gift is made to a named donee, the will or other document or an attested true copy thereof may be delivered
to him to expedite the appropriate procedure immediately after death, but such delivery is not necessary to validity
of the gift. Upon request of the named donee or his agent on or after the donor's death, the person in possession
shall produce for examination the will or other document of gift.
(4) The donor may designate in his will or other document of gift the surgeon, physician or technician to carry out
the appropriate procedures. In the event of the nonavailability of such designee, or in the absence of a designation,
the donee or other person authorized to accept the gift may employ or authorize any licensed physician, licensed
surgeon or technician for the purpose.
(5) A document of gift executed in another state and in accord with the laws of that state thereunto pertaining, or
executed in a territory or possession of the United States under the control and dominion of the federal government
exclusively and in accord with a federal law thereunto pertaining, shall be deemed valid as a document of gift
within the state of Mississippi, notwithstanding that said document does not substantially conform to the
requirements of this section.
SOURCES: Codes, 1942, Sec. 278.3-04; Laws, 1970, ch. 413, Sec. 4; 1975, ch. 328, Sec. 3; 1980, ch. 403, Sec. 4, eff from and after July 1, 1980.