Massachusetts General Laws
Chapter 113a - Uniform Anatomical Gift Act
Section 9 - Who May Make Anatomical Gift of Decedent's Body or Part

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

Massachusetts General Laws

Part I - Administration of the Government

Title XVI - Public Health

Chapter 113a - Uniform Anatomical Gift Act

Section 1 - Short Title

Section 2 - Definitions

Section 3 - Applicability

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 18 - Immunity

Section 19 - Law Governing Validity; Choice of Law as to Execution of Document of Gift; Presumption of Validity

Section 20 - Donor Registry

Section 21 - Cooperation Between Medical Examiner and Procurement Organization

Section 22 - Facilitation of Anatomical Gift From Decedent Whose Body Is Under Jurisdiction of Medical Examiner

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