Delaware § 2712 Persons who may become donees, and purposes for which anatomical gifts may be made

Delaware Statutes

§ 2712 — Persons who may become donees, and purposes for which anatomical gifts may be made

Delaware·Title 16·Part Regulatory Provisions Concerning Public Health·Ch. 27 ANATOMICAL GIFTS AND STUDIES·Subch. Uniform Anatomical Gift Act

(a)An anatomical gift may be made to any of the following persons named in the document of gift:

(1)If for research or education, then to a hospital; accredited medical school, dental school, college or university; the organ procurement organization; or other appropriate person as permitted by law.

(2)Subject to subsection (b) of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part.

(3)An eye bank or tissue bank.

(4)An organ procurement organization.

(b)If an anatomical gift to an individual under paragraph (a)(2) of this section cannot be transplanted into the individual, the part passes in accordance with subsection (c) of this section in the absence of a known objection by the person making the anatomic

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(a) An anatomical gift may be made to any of the following persons named in the document of gift:

(1) If for research or education, then to a hospital; accredited medical school, dental school, college or university; the organ procurement organization; or other appropriate person as permitted by law.

(2) Subject to subsection (b) of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part.

(3) An eye bank or tissue bank.

(4) An organ procurement organization.

(b) If an anatomical gift to an individual under paragraph (a)(2) of this section cannot be transplanted into the individual, the part passes in accordance with subsection (c) of this section in the absence of a known objection by the person making the anatomical gift.

(c) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under paragraph (a)(2) of this section, passes to the organ procurement organization.

(d) If the intended purpose or recipient of an anatomical gift is not known the following shall apply:

(1) If the part is an eye, the gift passes to the appropriate eye bank.

(2) If the part is tissue, the gift passes to the appropriate tissue bank.

(3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(e) If a document of gift provides for multiple purposes without indicating priority, and transplantation and therapy is one of the purposes, then transplantation and therapy shall be the priority, and the gift, if suitable, shall pass to the appropriate organ procurement organization. If the gift cannot be used for transplantation or therapy, the gift may then be used for any of the other permitted purposes.

(f) If an anatomical gift is made in a document of gift that does not name a person described in subsection (a) of this section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (d) of this section.

Delaware § 2712 (Persons who may become donees, and purposes for which anatomical gifts may be made) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

24 Del. C. 1953, § 1782; 57 Del. Laws, c. 445, § 2 ; 65 Del. Laws, c. 487, § 3 ; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 453, § 3 ; 80 Del. Laws, c. 182, § 1