2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8611 - Persons who may execute anatomical gift

§ 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:
(1) An agent of the decedent at the time of death if the agent is expressly authorized to make the gift.
(2) The spouse of the decedent, unless an action for divorce is pending.
(3) An adult child of the decedent.
(4) A parent of the decedent.
(5) An adult sibling of the decedent.
(6) An adult grandchild of the decedent.
(7) A grandparent of the decedent.
(8) Any other person related to the decedent by blood, marriage or adoption.
(9) A guardian of the person of the decedent.
(10) A person authorized or obligated to dispose of the decedent's body.
(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:
(1) The district attorney or a law enforcement officer notifies the organ procurement organization that the person is a suspect or a person of interest in causing the disease, illness, injury or condition of the decedent.
(2) The person is the subject of a protection from abuse order, an order issued under 42 Pa.C.S. Ch. 62A (relating to protection of victims of sexual violence or intimidation), or a similar order from a court that was issued to the decedent.
(3) The district attorney or a law enforcement officer notifies the organ procurement organization that the person has been arrested or detained in connection with the condition of the decedent.
(b.2) Documentation required.--
The organ procurement organization shall document the procedure taken to contact any of the persons in subsection (b). Such documentation shall be maintained by the organ procurement organization for a minimum of six years.
(b.3) No obligation to make gift.--
The following apply:
(1) A person described in subsection (b)(2), (3), (4), (5), (6), (7), (8), (9) or (10) does not have a legal obligation to consent to making a gift of the decedent's body or part of the body.
(2) Before making a gift of the decedent's body or part of the body, a person described in subsection (b)(2), (3), (4), (5), (6), (7), (8), (9) or (10) is encouraged to consider the decedent's moral and religious beliefs regarding anatomical donation, if those beliefs are known to the person.
(c) Donee not to accept in certain cases.--
(1) The donee may not accept a gift under any of the following circumstances:
(i) The donee knows of an objection by the decedent.
(ii) The donee knows that a gift by a member of a class is opposed by a reasonably available member of a prior class.
(iii) The donee knows that a gift by a member of a class is opposed by at least 50% of the reasonably available members of the same class.
(2) The persons authorized by subsection (b) may make the gift after or immediately before death.
(d) Examinations.--
A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.
(e) Rights of donee paramount.--
The rights of the donee created by the gift are paramount to the rights of others except as provided by section 8616(d) (relating to rights and duties at death).
(June 18, 1998, P.L.529, No.74, eff. imd.; Oct. 12, 1999, P.L.422, No.39, eff. 60 days; Oct. 23, 2018, P.L.594, No.90)
2018 Amendment.
Act 90 amended subsecs. (a), (b) and (c) and added subsecs. (b.1), (b.2) and (b.3). Section 11(3) of Act 90 provided that the amendment of section 8611 shall take effect upon publication of the notice under section 8629.
1999 Amendment.
See section 13(7) of Act 39 in the appendix to this title for special provisions relating to applicability.
Cross References.
Section 8611 is referred to in sections 305, 8613, 8616, 8617, 8653 of this title.