§ 8611. Persons who may execute anatomical gift
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and FiduciariesEffective: October 26, 2019
Effective: October 26, 2019
20 Pa.C.S.A. § 8611
§ 8611. Persons who may execute anatomical gift
(a) General rule.--Any individual of sound mind and 18 years of age or more may give all or any part of his body for any purpose specified in section 8612 (relating to persons who may become donees; purposes for which anatomical gifts may be made), the gift to take effect upon death. Any agent acting under a power of attorney, health care power of attorney or other document which expressly authorizes the agent to make anatomical gifts may effectuate a gift for any purpose specified in section 8612. Any individual who is a minor and 16 years of age or older may effectuate a gift for any purpose specified in section 8612, provided parental or guardian consent is deemed given. Parental or guardian consent shall be noted on the minor's donor card, application for the donor's learner's permit or driver's license or other document of gift. A gift of the whole body shall be invalid unless made in writing at least 15 days prior to the date of death or consent is obtained from the legal next of kin. Where there are adult children of the deceased who are not children of the surviving spouse, their consent shall also be required for a gift of the whole body for anatomical study.
(b) Entitled to donate anatomy of decedent.--Subject to subsection (b.1), any of the following persons who are reasonably available, in order of priority stated, when persons in prior classes are not reasonably available at the time of death, and in the absence of known objections by the decedent or by a member of a prior class, may give all or any part of the decedent's body, with the exception of a vascularized composite allograft, for any purpose specified in section 8612:
(b.1) Anatomical gifts prohibited in certain circumstances.--An anatomical gift may not be made by a person set forth in subsection (b) if, before an incision has been made to remove a part from the decedent's body or before invasive procedures have begun to prepare an intended recipient, any of the following apply:
Credits
1994, Dec. 1, P.L. 655, No. 102, § 8, effective in 90 days. Amended 1998, June 18, P.L. 529, No. 74, § 1, imd. effective; 1999, Oct. 12, P.L. 422, No. 39, § 12, effective in 60 days; 2018, Oct. 23, P.L. 594, No. 90, § 4, effective upon publication of notice under 20 Pa.C.S.A. § 8629 at 49 Pa.B. 6491 [Oct. 26, 2019].
20 Pa.C.S.A. § 8611, PA ST 20 Pa.C.S.A. § 8611
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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