(a) A donor may make an anatomical gift:

Terms Used In Hawaii Revised Statutes 327-5

  • Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purposes of transplantation, therapy, research, or education. See Hawaii Revised Statutes 327-2
  • Disinterested witness: means a witness other than the spouse, reciprocal beneficiary, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. See Hawaii Revised Statutes 327-2
  • Donor: The person who makes a gift.
  • Donor: means an individual whose body or body part is the subject of an anatomical gift. See Hawaii Revised Statutes 327-2
  • Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. See Hawaii Revised Statutes 327-2
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Identification card: means an identification card issued by a state or county authority or a driver's license issued by the examiner of drivers. See Hawaii Revised Statutes 327-2
  • 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 Hawaii Revised Statutes 327-2
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 327-2
  • Sign: means , with the present intent to authenticate or adopt a record:

    (1) To execute or adopt a tangible symbol; or

    (2) To attach or logically associate with the record an electronic symbol, sound, or process. See Hawaii Revised Statutes 327-2

  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 327-2
(1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card;
(2) In a will; or
(3) During a terminal illness or injury of the donor, by any form of communication addressed to at least two other individuals who are at least eighteen years of age, one of whom is a disinterested witness.
(b) A donor or other person authorized to make an anatomical gift under section 327-4 may make a gift by a donor card or other record signed by the donor or other person making the gift, or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or the other person and shall:

(1) Be witnessed by at least two other individuals who are at least eighteen years of age, one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2) State that it has been signed and witnessed as provided in paragraph (1).
(c) Revocation, suspension, expiration, or cancellation of the driver’s license or identification card issued to a donor shall not invalidate an anatomical gift.
(d) An anatomical gift made by a will shall take effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death shall not invalidate the gift.

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