Section 4-503 - Execution of documents of anatomical gift.
§ 4-503. Execution of documents of anatomical gift.
(a) Qualifications of donor; when gift takes effect.- Any individual who is 18 years of age or over and who is competent to execute a will may give all or any part of his body for any one or more of the purposes specified in this subtitle. The gift takes effect after death of the donor.
(b) Persons who may make gift.-
(1) If the decedent has not made a gift of all or part of the decedent's body for purposes of this subtitle, unless the person has knowledge that contrary directions have been given by the decedent, the following persons, in the order of priority stated, may give all or any part of a body of a decedent for any one or more of the purposes specified in this subtitle:
(i) The spouse, if one survives;
(ii) An adult son or daughter;
(iii) Either parent;
(iv) An adult brother or sister;
(v) The guardian of the person of the decedent at the time of his death;
(vi) A friend or other relative of the decedent, if the individual:
1. Is a competent individual; and
2. Presents an affidavit to the hospital stating:
A. That the individual is a relative or close friend of the decedent; and
B. Specific facts and circumstances demonstrating that the individual maintained regular contact with the decedent sufficient to be familiar with the decedent's activities, health, and personal beliefs; or
(vii) Any other person or agency authorized or under obligation to dispose of the body.
(2) If there is no surviving spouse and an adult son or daughter is not immediately available at the time of death of a decedent, the gift may be made by either parent. If a parent of decedent is not immediately available, the gift may be made by any adult brother or sister of decedent. If there is known to be a controversy within the class of persons first entitled to make the gift, the gift may not be accepted. The persons authorized by this subsection to make the gift may execute the document of gift either after death or during a terminal illness.
(c) Failure to make a gift.- The failure of the decedent to make a gift is not a contrary direction for purposes of this section.
(d) Method of making gift.- If the gift is made by a person designated in § 4-503 (b) of this section, it shall be by a document signed by him, by his telegraphic, recorded telephonic, or other recorded message, or by a witnessed telephonic statement.
(e) Examination for medical acceptance.- A gift of all or part of a body authorizes any examination of the body, or any other procedure, necessary to assure medical acceptability of the gift for the purposes intended. A person or entity required to make a determination of suitability under § 19-310 of the Health-General Article may examine the decedent and the decedent's medical records and conduct any inquiry necessary to determine suitability for donation.
(f) Rights of donee.- Except as provided in § 4-507 of this subtitle, the rights of the donee created by the gift are paramount to the rights of others.
[An. Code 1957, art. 43, § 142; 1974, ch. 11, § 2; 1998, chs. 1, 2.]