§ 130A-412.11. Who may make an anatomical gift of decedent's body or body part. - North Carolina Statutes

§ 130A‑412.11.  Who maymake an anatomical gift of decedent's body or body part.

(a)        Subject tosubsections (b) and (c) of this section, and unless barred by G.S. 130A‑412.9or G.S. 130A‑412.10, an anatomical gift of a decedent's body or body partfor purpose of transplantation, therapy, research, or education may be made byany member of the following classes of persons who is reasonably available, inthe order of priority listed:

(1)        An agent of thedecedent at the time of death who could have made an anatomical gift under G.S.130A‑412.6(2) immediately before the decedent's death;

(2)        The spouse of thedecedent;

(3)        Adult children ofthe decedent;

(4)        Parents of thedecedent;

(5)        Adult siblings ofthe decedent;

(6)        Adult grandchildrenof the decedent;

(7)        Grandparents of thedecedent;

(8)        An adult whoexhibited special care and concern for the decedent;

(9)        The persons who wereacting as the guardians of the person of the decedent at the time of death; and

(10)      Any other personhaving the authority to dispose of the decedent's body.

(b)        If there is morethan one member of a class listed in subdivision (a)(1), (3), (4), (5), (6),(7), or (9) of this section entitled to make an anatomical gift, an anatomicalgift may be made by a member of the class unless that member or a person towhich the gift may pass under G.S. 130A‑412.13 knows of an objection byanother member of the class. If an objection is known, the gift may be madeonly by a majority of the members of the class who are reasonably available.

(c)        A person may notmake an anatomical gift if, at the time of the decedent's death, a person in aprior class under subsection (a) of this section is reasonably available tomake or to object to the making of an anatomical gift. (2007‑538, s. 1.)