                                 CODE OF VIRGINIA

WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT&#8217;S BODY OR PART (§ 32.1-291.9)

A. Subject to subsections B and C and unless barred by § 32.1-291.7 or
32.1-291.8, an anatomical gift of a decedent&#8217;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 at the time of death who could have made an
   anatomical gift under subdivision 2 of &#xA7; 32.1-291.4 immediately before
   the decedent&#8217;s death;

   2. The persons who were acting as the guardians of the person of the decedent
   at the time of death;

   3. The spouse of the decedent;

   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; and

   10. Any other person having the authority to dispose of the decedent&#8217;s
   body.

B. If there is more than one member of a class listed in subdivisions A 1, A 2,
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
which the gift may pass under &#xA7; 32.1-291.11 knows of an objection by
another member of the class. If an objection is known, the gift may be made only
by those members who constitute at least 50 percent of the class who are
reasonably available.

C. A person may not make an anatomical gift if, at the time of the
decedent&#8217;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.

HISTORY: 2007, cc. 92, 907.