Persons authorized to make gift
Sec. 2. (a) Any individual:
(1) of sound mind and eighteen (18) years of age or more; or
(2) less than eighteen (18) years of age who obtains the consent
of the individual's parent or guardian as required under
IC 9-24-17-7;
may give all or any part of the individual's body for any purpose
specified in section 3 of this chapter, the gift to take effect upon
death. An individual may limit a gift made under this chapter or
IC 9-24-17 to one (1) of the purposes specified in section 3 of this
chapter. An individual may refuse to make a gift of all or part of the
individual's body.
(b) Any of the following individuals, in order of priority stated
when individuals in prior classes are not available at the time of
death, and in the absence of actual notice of contrary indications by
the decedent or actual notice of opposition by a member of the same
or a prior class, may give all or any part of the decedent's body for
any purpose specified in section 3 of this chapter:
(1) the spouse;
(2) a son or daughter, at least eighteen (18) years of age;
(3) either parent;
(4) a grandparent;
(5) a brother or sister, at least eighteen (18) years of age; or
(6) a guardian of the person of the decedent at the time of his
death.
A gift made by an individual under this subsection may be revoked
by an individual in the same or prior class as the individual making
the gift, if the individual doing the removal of an organ receives
notice of the revocation before the organ is removed. A failure to
make a gift under this subsection is not an objection to the making of
a gift, and an individual in a subsequent class may make a gift under
this subsection.
(c) If the donee has actual notice of contrary indications by the
decedent or that a gift by a member of a class if opposed by a
member of the same or a prior class, the donee shall not accept the
gift. The individuals authorized by subsection (b) may make the gift
after or immediately before death.
(d) A gift of all or part of a body authorizes any examination
necessary to assure medical acceptability of the gift for the purposes
intended.
(e) The rights of the donee created by the gift are paramount to the
rights of others except as provided by section 7(d) of this chapter.
(Formerly: Acts 1969, c.166, s.2; Acts 1973, P.L.287, SEC.14.) As
amended by P.L.104-1991, SEC.9; P.L.1-1992, SEC.158;
P.L.126-1995, SEC.4; P.L.135-1995, SEC.2; P.L.29-2000, SEC.6.
Last modified: May 27, 2006