KANSAS STATUTES AND CODES

65-3228. Who may make anatomical gift of decedent's body or part.

65-3228

Chapter 65.--PUBLIC HEALTH Article 32.--REVISED UNIFORM ANATOMICAL GIFT ACT

65-3228. Who may make anatomical gift of decedent'sbody or part.(a) Subject to subsections (b) and (c) and unlessbarred byK.S.A. 2009 Supp.65-3226 or 65-3227, and amendments thereto, ananatomical gift of a decedent's body or part for purposeof transplantation, therapy, research oreducation may be made by any member of the following classes of persons who isreasonablyavailable, in the order of priority listed:

(1) An agent of the decedent at the time of death who could have made ananatomical gift underK.S.A. 2009 Supp.65-3223 (2), and amendments thereto,immediately beforethe 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 thedecedent;

(8) the persons who were acting as the guardians of the person of thedecedent atthe time of death;

(9) an adult who exhibited special care and concern for the decedent and whowas familiar with the decedent's personal values; and

(10) any other person having the authority to dispose of the decedent's body.

(b) If there is more than one 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 bemade by a memberof the class unless that member or a person to which the gift may pass underK.S.A. 2009 Supp.65-3230, and amendments thereto, knows ofan objection by another member of the class. If an objection is known, the giftmay be made onlyby 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 thedecedent's death, aperson in a prior class under subsection (a) is reasonably available to make orto object to themaking of an anatomical gift.

History: L. 2007, ch. 127, § 9; July 1.