Mass. Gen. Laws ch. 113A, sec. 8 — MA Code / Part I / Title XVI / Chapter 113A / Section 8
Preclusive effect of anatomical gift, amendment, or revocation
Status: in_force

Section 8. (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 shall be 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 section 5 or an amendment to an anatomical gift of the donor's body or part under section 6. (b) A donor's revocation of an anatomical gift of the donor's body or part under section 6 shall not be a refusal and shall not bar another person specified in section 4 or 9 from making an anatomical gift of the donor's body or part under section 5 or 10. (c) If an individual other than the donor makes an unrevoked anatomical gift of the donor's body or part under section 5 or an amendment to an anatomical gift of the donor's body or part under section 6, no other individual may make, amend or revoke the gift of the donor's body or part under section 10. (d) A revocation of an anatomical gift of a donor's body or part under section 6 by a person other than the donor shall not bar another person from making an anatomical gift of the body or part under section 5 or 10. (e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 4, 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 individual authorized to make an anatomical gift under section 4, an anatomical gift of a part for 1 or more of the purposes set forth in said section 4 shall not operate as a limitation on the making of an anatomical gift of the part for any of the other purposes in said section 4 by the donor or other individual under section 5 or 10. (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.

Section 8. (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 shall be 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 section 5 or an amendment to an anatomical gift of the donor's body or part under section 6.

(b) A donor's revocation of an anatomical gift of the donor's body or part under section 6 shall not be a refusal and shall not bar another person specified in section 4 or 9 from making an anatomical gift of the donor's body or part under section 5 or 10.

(c) If an individual other than the donor makes an unrevoked anatomical gift of the donor's body or part under section 5 or an amendment to an anatomical gift of the donor's body or part under section 6, no other individual may make, amend or revoke the gift of the donor's body or part under section 10.

(d) A revocation of an anatomical gift of a donor's body or part under section 6 by a person other than the donor shall not bar another person from making an anatomical gift of the body or part under section 5 or 10.

(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 4, 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 individual authorized to make an anatomical gift under section 4, an anatomical gift of a part for 1 or more of the purposes set forth in said section 4 shall not operate as a limitation on the making of an anatomical gift of the part for any of the other purposes in said section 4 by the donor or other individual under section 5 or 10.

(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.