New York Public Health Code § 4301

Persons who may execute an anatomical gift
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§ 4301. Persons who may execute an anatomical gift. 1. (a) Any\nindividual of sound mind and eighteen years of age or more may make an\nanatomical gift to take effect upon their death for any purpose\nspecified in section forty-three hundred two of this article, limit an\nanatomical gift to one or more of those purposes, or refuse to make an\nanatomical gift. In any case where the donor has a properly executed\ndocument of gift authorization for donation shall not be rescinded or\namended by any other person except upon a showing that the donor revoked\nthe authorization pursuant to section forty-three hundred five of this\narticle.\n  (b) Any person who is sixteen or seventeen years of age and of sound\nmind may make an anatomical gift to take effect upon their death for any\npurpose specified in section forty-three hundred two of this article,\nlimit an anatomical gift to one or more of those purposes, or refuse to\nmake an anatomical gift. In any case where the donor has a properly\nexecuted document of gift, notice of such gift shall be provided to the\ndonor's parents or guardians, and authorization for donation may be\nrescinded or amended by an objection by a parent or guardian of the\ndonor at the time of death and prior to the recovery of any organ or\ntissue if the donor is less than eighteen years of age. An anatomical\ngift made by an individual more than sixteen years of age but less than\neighteen shall otherwise not be rescinded, except upon a showing that\nthe donor revoked the authorization pursuant to section forty-three\nhundred five of this article. Upon the donor reaching the age of\neighteen, the donor's consent to donate his or her organs or tissue\nshall be regarded as consent for authorization to make an anatomical\ngift pursuant to paragraph (a) of this subdivision.\n  (c) In the absence of an express, contrary indication by the donor, an\nanatomical gift of a part is neither a refusal to give other parts nor a\nlimitation on an individual's ability to make an anatomical gift under\nsubdivision two of this section.\n  2. (a) In the absence of a gift made by the donor under subdivision\none of this section, and in the absence of actual notice of contrary\nindications by the decedent, including religious or moral objections, an\nanatomical gift of the decedent's body may be made by any member of the\nfollowing classes of persons who is reasonably available, in the order\nof priority listed, for any purpose specified in section forty-three\nhundred two of this article:\n  (i) the person designated as the decedent's health care agent under\narticle twenty-nine-C of this chapter, subject to any written statement\nin the health care proxy form,\n  (ii) the person designated as the decedent's agent in a written\ninstrument under article forty-two of this chapter, subject to any\nwritten statement in the written instrument,\n  (iii) the spouse, if not legally separated from the patient, or the\ndomestic partner,\n  (iv) a son or daughter eighteen years of age or older,\n  (v) either parent,\n  (vi) a brother or sister eighteen years of age or older,\n  (vii) an adult grandchild of the decedent,\n  (viii) a grandparent of the decedent,\n  (ix) a guardian of the person of the decedent at the time of his or\nher death,\n  (x) a close friend as defined in subdivision four of section\ntwenty-nine hundred ninety-four-a of this chapter, or\n  (xi) any other person authorized or under the obligation to dispose of\nthe body.\n  (b) If there is more than one member of a class listed in subparagraph\n(iv), (vi), (vii), (viii), or (x) of paragraph (a) of this subdivision\nentitled to make an anatomical gift, an anatomical gift may be made by a\nmember of the class unless that member or person knows of an objection\nby another member of the class. If an objection is known, the gift may\nbe made only by a majority of the members of the class who are\nreasonably available.\n  3. An anatomical gift may not be made by a perso

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