(a) Subject to subsections (b) and (c) of this section and unless barred by § 7-1531.06 or § 7-1531.07, an anatomical gift of a decedent’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 § 7-1531.03(2) immediately before the decedent’s death;
(2) The spouse or domestic partner of the decedent;
(3) Adult children of the decedent;
(4)(A) Parents of the decedent; or
(B) If, at the time of death, there was a guardian of the decedent under a guardianship order under § 16-2389, the guardian, unless the order specifies otherwise;
(5) Adult siblings of the decedent;
(6) Adult grandchildren of the decedent;
(7) Grandparents of the decedent;
(8) An adult who exhibited special care and concern for the decedent;
(9) The persons who were acting as the guardians of the person of the decedent at the time of death; and
(10) Any other person having the authority to dispose of the decedent’s body.
(b) If there is more than one member of a class listed in subsection (a)(1), (3), (4), (5), (6), (7), or (9) of this section 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 § 7-1531.10 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(c) A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subsection (a) of this section is reasonably available to make or to object to the making of an anatomical gift.
(Apr. 15, 2008, D.C. Law 17-145, § 9, 55 DCR 2532; Mar. 25, 2009, D.C. Law 17-353, § 230(c), 56 DCR 1117.)
This section is referenced in § 7-1531.07, § 7-1531.09, § 7-1531.13, § 7-1531.17, § 7-1531.20, § 7-1531.24, and § 7-1531.25.
D.C. Law 17-353 validated a previously made technical correction in subsec. (a).
Uniform Law: This section is based upon § 9 of the Revised Uniform Anatomical Gift Act (2006).
Structure District of Columbia Code
Title 7 - Human Health Care and Safety
Subchapter II-A - Revised Uniform Anatomical Gift Act
§ 7–1531.03. Who may make anatomical gift before donor’s death
§ 7–1531.04. Manner of making anatomical gift before donor’s death
§ 7–1531.05. Amending or revoking anatomical gift before donor’s death
§ 7–1531.06. Refusal to make anatomical gift; effect of refusal
§ 7–1531.07. Preclusive effect of anatomical gift, amendment, or revocation
§ 7–1531.08. Who may make anatomical gift of decedent’s body or part
§ 7–1531.09. Manner of making, amending, or revoking anatomical gift of decedent’s body or part
§ 7–1531.10. Persons that may receive anatomical gift; purpose of anatomical gift
§ 7–1531.11. Search and notification
§ 7–1531.12. Delivery of document of gift not required; right to examine
§ 7–1531.13. Rights and duties of procurement organization and others
§ 7–1531.14. Coordination of procurement and use
§ 7–1531.15. Sale or purchase of parts prohibited
§ 7–1531.16. Other prohibited acts
§ 7–1531.19. Establishment of the donor registry
§ 7–1531.19a. Access to Registry information
§ 7–1531.19b. Sources of Registry information; confidentiality
§ 7–1531.19c. Department of Motor Vehicles transfer of Registry information requirements
§ 7–1531.19d. Effect of amendment or revocation of anatomical gift upon Registry
§ 7–1531.19e. Donor status not dependent on being listed in Registry
§ 7–1531.19f. Rulemaking for Registry
§ 7–1531.20. Effect of anatomical gift on advance health-care directive
§ 7–1531.21. Cooperation between the Chief Medical Examiner and procurement organizations
§ 7–1531.23. Uniformity of application and construction
§ 7–1531.24. Duties of hospitals and hospices
§ 7–1531.25. Organ preservation
§ 7–1531.26. Certificate requirement
§ 7–1531.28. Relation to Electronic Signatures in Global and National Commerce Act