§ 19a-289h — Priority of persons who may make an anatomical gift of a decedent's body or part.

(a) Subject to the provisions of subsections (b) and (c) of this section and unless precluded by section 19a-289f or 19a-289g, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed: (1) An agent of the decedent who could have made an anatomical gift under subdivision (2) of section 19a-289c immediately before the decedent's death; (2) The spouse of the decedent; (3) A person designated by the decedent pursuant to section 1-56r ; (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; (10) The persons who were acting as the guardians or conservator of the person of the decedent at the time of death; and (11) 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 subdivision (1), (3), (4), (5), (6), (7), (8) or (10) of subsection (a) of this section entitled to make an anatomical gift, an anatomical gift may be made by any member of the class unless that member or a person to which the gift may pass under section 19a-289j knows of an objection by any other member of the class. If an objection is known, the gift may be made only by 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 the decedent's death, a person in a higher priority class under subsection (a) of this section is reasonably available to make or to object to the making of an anatomical gift.

Legislative History

(P.A. 10-123, S. 9.)