South Dakota § 34-26-55 Preclusive effect of anatomical gift, amendment, or revocation.

South Dakota Statutes

§ 34-26-55 — Preclusive effect of anatomical gift, amendment, or revocation.

South Dakota § 34-26-55

Title 34PUBLIC HEALTH AND SAFETY

Ch. 34-24CCUSTODY AND DISPOSITION OF BODIES AND BODY PARTS

This text of South Dakota § 34-26-55 (Preclusive effect of anatomical gift, amendment, or revocation.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 34-26-55 (2026).

Text

(a)Except as otherwise provided in subsection (g) and subject to subsection (f), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under § 34-26-52 or an amendment to an anatomical gift of the donor's body or part under § 34-26-53 .

(b)A donor's revocation of an anatomical gift of the donor's body or part under § 34-26-53 is not a refusal and does not bar another person specified in § 34-26-51 or 34-26-56 from making an anatomical gift of the donor's body or part under § 34-26-52 or 34-26-57 .

(c)If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part

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(a) Except as otherwise provided in subsection (g) and subject to subsection (f), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under § 34-26-52 or an amendment to an anatomical gift of the donor's body or part under § 34-26-53 . (b) A donor's revocation of an anatomical gift of the donor's body or part under § 34-26-53 is not a refusal and does not bar another person specified in § 34-26-51 or 34-26-56 from making an anatomical gift of the donor's body or part under § 34-26-52 or 34-26-57 . (c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under § 34-26-52 or an amendment to an anatomical gift of the donor's body or part under § 34-26-53 , another person may not make, amend, or revoke the gift of the donor's body or part under § 34-26-57 . (d) A revocation of an anatomical gift of a donor's body or part under § 34-26-53 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under § 34-26-52 or 34-26-57 . (e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under § 34-26-51 , an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person. (f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under § 34-26-51 , an anatomical gift of a part for one or more of the purposes set forth in § 34-26-51 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under § 34-26-52 or 34-26-57 . (g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part. (h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.