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LEGAL

An anatomical gift is a donation of organs and tissues…


The Uniform Anatomical Gift Act

Advancements in medicine and a continued increase in the success rate of transplants have increased the need for anatomical gifts. As a result, the demand for organs and tissues exceeds the number of those available. The Uniform Anatomical Gift Act was enacted in August, 1968 for the purpose of establishing comprehensive and uniform laws regarding organ and tissue donations. If an individual dies in a state other than where the gift was executed, uncertainty about the applicable law is eliminated and the gift will be recognized. All 50 states and the District of Columbia have adopted the act, with some states making variations. For more information...

Who May Execute an Anatomical Gift?

The execution of an anatomical gift is preferably made by the donor, with that intent conveyed to and discussed with family members. While no other individual is legally authorized to revoke a donor's execution of an anatomical gift, in reality most hospitals, physicians and organ procurement personnel rely on family or next of kin confirmation. This is done in order to avoid potential legal actions, to avoid creating additional stress for the family at the time of a relative's death, and to avoid any adverse public perceptions which may compromise organ donation programs by discouraging other potential donors. Therefore, to avoid the possibility of having a gift revoked, make certain the appropriate individuals have been informed about your commitment to your personal anatomical donation.

By statute, consent to organ and tissue donation is sought from these individuals in the following order of priority:

        1. Spouse
        2. Adult Child
        3. Parent
        4. Adult Sibling
        5. Legal Guardian

If any individual in a prior category refuses consent, no organs or tissues will be taken.

The execution of an anatomical gift is a gift of life. It can be the ultimate fulfillment of one's own life. Spending a few minutes now executing an anatomical gift and discussing it with family members can ensure compliance with an intended gift.