Sec. 3. Subject to section 7 of this chapter, an anatomical gift of a donor‘s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section 4 of this chapter by:

(1) the donor, if the donor is an adult or if the donor is a minor and is:

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Terms Used In Indiana Code 29-2-16.1-3

  • Donor: The person who makes a gift.
  • 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.
  • minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(A) emancipated; or

(B) authorized under state law to apply for a driver’s license because the donor is at least sixteen (16) years of age;

(2) an agent, a health care representative, or a proxy (as defined by IC 16-36-7-20) of the donor, unless the health care power of attorney, advance directive, or other record prohibits the agent from making an anatomical gift;

(3) a parent of the donor, if the donor is not emancipated; or

(4) the donor’s guardian.

As added by P.L.147-2007, SEC.12. Amended by P.L.50-2021, SEC.69.

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