Section 9. (a) Subject to subsections (b) and (c) and unless otherwise prohibited by section 7 or 8, an anatomical gift of a decedent's body or part for transplantation, therapy, research or education may be made by any member of any of the following classes of individuals who is reasonably available, in the order of priority as specified below:
(1) an agent of the decedent at the time of death who could have made an anatomical gift under clause (2) of section 4 immediately before the decedent's death;
(2) the spouse of the decedent;
(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) an adult who exhibited special care and concern for the decedent;
(9) a person who was acting as a guardian 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 1 member of a class listed in clause (1), (3), (4), (5), (6), (7), (9) or (10) of subsection (a) who is 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 whom the gift may pass under section 11 knows of an objection by another member of the class. If an objection is known, the gift shall be made by a majority of the members of the class who are reasonably available.
(c) An individual shall not make an anatomical gift if, at the time of the decedent's death, an individual in a prior class under subsection (a) is reasonably available to make or object to the making of an anatomical gift.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 113a - Uniform Anatomical Gift Act
Section 4 - Who May Make Anatomical Gift Before Donor's Death
Section 5 - Manner of Making Anatomical Gift Before Donor's Death
Section 6 - Amending or Revoking Anatomical Gift Before Donor's Death
Section 7 - Refusal to Make Anatomical Gift; Effect of Refusal
Section 8 - Preclusive Effect of Anatomical Gift, Amendment, or Revocation
Section 9 - Who May Make Anatomical Gift of Decedent's Body or Part
Section 10 - Manner of Making, Amending, or Revoking Anatomical Gift of Decedent's Body or Part
Section 11 - Persons That May Receive Anatomical Gift; Purpose of Anatomical Gift
Section 12 - Search and Notification
Section 13 - Delivery of Document of Gift Not Required; Right to Examine
Section 14 - Rights and Duties of Procurement Organization and Others
Section 15 - Coordination of Procurement and Use
Section 16 - Sale or Purchase of Parts Prohibited
Section 17 - Other Prohibited Acts
Section 21 - Cooperation Between Medical Examiner and Procurement Organization
Section 23 - Compliance With Donor's Decision
Section 24 - Uniformity of Application and Construction
Section 25 - Relation to Electronic Signatures in Global and National Commerce Act