32.1-291.9 - Who may make anatomical gift of decedent's body or part. - Virginia Statutes

§ 32.1-291.9. Who may make anatomical gift of decedent's body or part.

A. Subject to subsections B and C and unless barred by § 32.1-291.7 or32.1-291.8, an anatomical gift of a decedent's body or part for purpose oftransplantation, therapy, research, or education may be made by any member ofthe following classes of persons who is reasonably available, in the order ofpriority listed:

1. An agent of the decedent at the time of death who could have made ananatomical gift under subdivision 2 of § 32.1-291.4 immediately before thedecedent's death;

2. The persons who were acting as the guardians of the person of the decedentat the time of death;

3. The spouse of the decedent;

4. Adult children of the decedent;

5. Parents of the decedent;

6. Adult siblings of the decedent;

7. Adult grandchildren of the decedent;

8. Grandparents of the decedent;

9. An adult who exhibited special care and concern for the decedent; 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 subdivisions A 1, A2, A 4, A 5, A 6, A 7, or A 8 entitled to make an anatomical gift, ananatomical gift may be made by a member of the class unless that member or aperson to which the gift may pass under § 32.1-291.11 knows of an objectionby another member of the class. If an objection is known, the gift may bemade only by those members who constitute at least 50 percent of the classwho are reasonably available.

C. A person may not make an anatomical gift if, at the time of the decedent'sdeath, a person in a prior class under subsection A is reasonably availableto make or to object to the making of an anatomical gift.

(2007, cc. 92, 907.)