§ 23-06.6-08 — Who may make anatomical gift of decedent's body or part

North Dakota § 23-06.6-08

• Jurisdiction: North Dakota
• Title 23: Health and Safety
• Ch. 23-06.6: Uniform Anatomical Gift Act

Text

1. Subject to subsections 2 and 3 and unless barred by section 23-06.6-06 or 23-06.6-07,
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 is reasonably available, in the order of priority listed:
a. An agent of the decedent at the time of death who could have made an
anatomical gift under subsection 2 of section 23-06.6-03 immediately before the
decedent's death;
b. The spouse of the decedent;
c. Adult children of the decedent;
d. Parents of the decedent;
e. Adult siblings of the decedent;
f. Adult grandchildren of the decedent;

g. Grandparents of the decedent;
h. An adult who exhibited special care and concern for the decedent;
i. The persons who were acting as the guardians of the decedent at the time of
death; and
j. Any other person having the authority to dispose of the decedent's body.
2. If there is more than one member of a class listed in subdivision a, c, d, e, f, g, or i of
subsection 1 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 which the gift may pass under
section 23-06.6-10 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.
3. 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 1 is reasonably available to make or to object
to the making of an anatomical gift.