(a) Subject to subsections (b) and (c), an anatomical gift of a decedent‘s body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:

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Terms Used In Tennessee Code 68-30-109

  • Adult: means an individual who is at least eighteen (18) years of age. See Tennessee Code 68-30-102
  • Agent: means an individual:
    (A) Authorized to make healthcare decisions on the principal's behalf by a power of attorney for healthcare or an advance directive. See Tennessee Code 68-30-102
  • Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Tennessee Code 68-30-102
  • Decedent: A deceased person.
  • Decedent: includes a stillborn infant and, subject to restrictions imposed by law other than this part, a fetus. See Tennessee Code 68-30-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. See Tennessee Code 68-30-102
  • Part: means an organ, an eye, or tissue of a human being. See Tennessee Code 68-30-102
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Tennessee Code 68-30-102
  • Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See Tennessee Code 68-30-102
(1) A guardian or conservator of the person of the decedent at the time of death, if the court order authorizes the guardian or conservator to make healthcare decisions;
(2) An agent;
(3) The spouse of the decedent;
(4) Adult children of the decedent;
(5) Parents of the decedent;
(6) Adult siblings of the decedent;
(7) Adult grandchildren of the decedent;
(8) Grandparents of the decedent;
(9) A surrogate identified pursuant to § 68-11-1806;
(10) An adult who exhibited special care and concern for the decedent; and
(11) Any other person having the authority to dispose of the decedent’s body.
(b) If there is more than one (1) member of a class listed in subdivisions (a)(4), (a)(5), (a)(6), (a)(7) or (a)(8) 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 which the gift may pass under § 68-30-111 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(c) A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift.
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