(a) Subject to (b) and (c) of this section and unless barred by Alaska Stat. § 13.52.187 or 13.52.193, an anatomical gift of a decedent‘s body or part for the 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 Alaska Statutes 13.52.197

  • agent: means an individual designated in a durable power of attorney for health care to make a health care decision for the individual granting the power. See Alaska Statutes 13.52.390
  • anatomical gift: means a donation of all or a part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Alaska Statutes 13.52.390
  • available: means , when referring to a person, that the
    (A) person's existence is known. See Alaska Statutes 13.52.390
  • Decedent: A deceased person.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • part: means an organ, tissue, or an eye of a human being, except fetal tissue. See Alaska Statutes 13.52.390
  • person: means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, government, governmental subdivision, governmental agency, or another legal or commercial entity. See Alaska Statutes 13.52.390
  • reasonably available: means available using a level of diligence appropriate to the seriousness and urgency of an individual's health care needs. See Alaska Statutes 13.52.390
(1) an agent of the decedent at the time of death who could have made an anatomical gift under Alaska Stat. § 13.52.173(2) immediately before the decedent’s death;
(2) the spouse of the decedent;
(3) adult children of the decedent;
(4) parents of the decedent;
(5) adult siblings of the decedent;
(6) adult grandchildren of the decedent;
(7) grandparents of the decedent;
(8) an adult who exhibited special care and concern for the decedent;
(9) the persons who were acting as the guardians 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 one member of a class listed in (a)(1), (3), (4), (5), (6), (7), or (9) of this section 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 Alaska Stat. § 13.52.207 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 (a) of this section is reasonably available to make or to object to the making of an anatomical gift.
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