Probate court determination of whether anatomical gift made
Sec. 7.5. (a) The individual's attending physician, or, if none, the:
(1) physician that certifies the individual's death;
(2) hospital where the individual is admitted;
(3) hospital where the individual's remains are being kept; or
(4) individual identified in section 2(b) of this chapter;
may petition the probate court in the county where the remains of the
individual who is the subject to the petition are located, or the county
in which the individual died, for the information referred to in
subsection (b).
(b) A person identified in subsection (a) may petition the probate
court specified in subsection (a) to determine whether the individual:
(1) made a written anatomical gift under section 2(a) of this
chapter or IC 9-24-17, for purposes of section 2.5 of this
chapter; or
(2) made a written revocation of an anatomical gift under
section 2(a) of this chapter or under IC 9-24-17, for purposes of
section 2.5 of this chapter.
(c) If the probate court determines under subsection (b) of this
chapter that the individual made a written anatomical gift that was
not subsequently revoked in writing by the individual, the court shall
order that the anatomical gift of an organ, tissue, or an eye be
recovered.
(d) The probate court may modify or waive notice and a hearing
if the court determines that a delay would have a serious adverse
effect on:
(1) the medical viability of the individual; or
(2) the viability of the individual's anatomical gift of an organ,
tissue, or an eye.
As added by P.L.130-2001, SEC.4.
Last modified: May 27, 2006