§ 29-2-16.1-8 — Priority of persons authorized to make an anatomical gift of a decedent's body or part

Indiana § 29-2-16.1-8

• Jurisdiction: Indiana
• Art. 2: MISCELLANEOUS PROVISIONS
• Ch. 16.1: Revised Uniform Anatomical Gift Act

Text

(a) Subject to subsections (b) and (c), unless
barred by section 6 or 7 of this chapter, an anatomical gift of a
decedent's body or part for the purpose of transplantation, therapy,
research, or education may be made by any member of the following
classes of persons who are reasonably available, in the order of priority
listed:
(1) An agent of the decedent at the time of death who could have
made an anatomical gift under section 3(2) of this chapter
immediately before the decedent's death.
(2) The spouse of the decedent.
(3) Adult children of the decedent.
(4) Parents of the decedent.
(5) Adult siblings of the decedent.
(6) A guardian appointed by a court under IC 29-3-5-3.
(7) Adult grandchildren of the decedent.
(8) Grandparents of the decedent.
(9) An adult who exhibited special care and concern for the
decedent.
(10) Any other person having the authority to dispose of the
decedent's body.
(b) If there is more than one (1) member of a class listed in
subsection (a)(1), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(8) entitled
to make an anatomical gift, an anatomical gift may be made by a
member of the class unless that member or a person to whom the gift
may pass under section 10 of this chapter knows of an objection by
another 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 prior class under subsection (a) is
reasonably available to make or to object to the making of an
anatomical gift.

Legislative History

As added by P.L.147-2007, SEC.12. Amended by P.L.26-2021, SEC.5.