Indiana Code
Chapter 16.1. Revised Uniform Anatomical Gift Act
29-2-16.1-17. Liability; Immunity

Sec. 17. (a) A person who acts in accordance with this chapter is not liable for the act in a civil action or administrative proceeding.
(b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
(c) In determining whether an anatomical gift has been made, amended, or revoked under this chapter, a person may rely upon representations of an individual listed in section 8(a)(2), 8(a)(3), 8(a)(4), 8(a)(5), 8(a)(7), 8(a)(8), or 8(a)(9) of this chapter relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
(d) A health care provider is immune from civil liability for following a donor's unrevoked anatomical gift directive under this chapter or IC 9-24-17.
(e) A hospital or a recovery agency is immune from civil liability for determining in good faith and in compliance with this section that:
(1) an individual made a written anatomical gift; or
(2) an individual subsequently made a written revocation of an anatomical gift.
(f) A person who, in good faith reliance upon a will, card, or other document of gift, and without actual notice of the amendment, revocation, or invalidity of the will, card, or document:
(1) takes possession of a decedent's body or performs or causes to be performed surgical operations upon a decedent's body; or
(2) removes or causes to be removed organs, tissues, or other parts from a decedent's body;
is not liable in damages in any civil action brought against the donor for that act.
As added by P.L.147-2007, SEC.12. Amended by P.L.26-2021, SEC.6.

Structure Indiana Code

Indiana Code

Title 29. Probate

Article 2. Miscellaneous Provisions

Chapter 16.1. Revised Uniform Anatomical Gift Act

29-2-16.1-1. Definitions

29-2-16.1-2. Chapter Application

29-2-16.1-3. Persons Who May Make Anatomical Gifts During the Lifetime of a Donor

29-2-16.1-4. Methods of Making Anatomical Gifts

29-2-16.1-5. Amendment or Revocation of Anatomical Gifts

29-2-16.1-6. Refusal of Anatomical Gifts

29-2-16.1-7. Persons Prohibited From Making, Amending, or Revoking an Anatomical Gift; Donor Revocation of an Anatomical Gift; Unemancipated Minors

29-2-16.1-8. Priority of Persons Authorized to Make an Anatomical Gift of a Decedent's Body or Part

29-2-16.1-9. Anatomical Gift Documents; Amendments; Revocations

29-2-16.1-10. Anatomical Gift Recipients; Unnamed Recipients; Anatomical Gift Uses; Rules; Delivery of Anatomical Gift Documents; Amendment; Revocation

29-2-16.1-11. Searches for Documents of Gift or Refusal

29-2-16.1-12. Petitions to Determine Anatomical Gift or Revocation of Anatomical Gift

29-2-16.1-13. Organ or Tissue Donor Queries for Hospital Patients

29-2-16.1-14. Documents of Gift

29-2-16.1-15. Hospital Referrals to Procurement Organizations; Record Searches; Examination of Medical Suitability; Rights of Person to Whom a Part Passes

29-2-16.1-16. Hospital Agreements With Procurement Organizations

29-2-16.1-17. Liability; Immunity

29-2-16.1-18. Validity of a Document of Gift

29-2-16.1-19. Bmv, Pla, and Dnr Cooperation With Donor Registries; Requirements of Registry; Personally Identifiable Information

29-2-16.1-20. Declarations and Advance Health Care Directives; Procurement Organizations

29-2-16.1-21. Coroner Cooperation With Procurement Organizations; Postmortem Examinations; Removal of a Part of Organ From a Decedent