North Dakota Code 23-06.6-08 – Who may make anatomical gift of decedent’s body or part
1. Subject to subsections 2 and 3 and unless barred by section 23-06.6-06 or 23-06.6-07, 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:
Terms Used In North Dakota Code 23-06.6-08
- children: includes children by birth and by adoption. See North Dakota Code 1-01-18
- Decedent: A deceased person.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
a. An agent of the decedent at the time of death who could have made an anatomical gift under subsection 2 of section 23-06.6-03 immediately before the decedent’s death; b. The spouse of the decedent; c. Adult children of the decedent; d. Parents of the decedent; e. Adult siblings of the decedent; f. Adult grandchildren of the decedent; g. Grandparents of the decedent; h. An adult who exhibited special care and concern for the decedent; i. The persons who were acting as the guardians of the decedent at the time of death; and
j. Any other person having the authority to dispose of the decedent’s body.
2. If there is more than one member of a class listed in subdivision a, c, d, e, f, g, or i of subsection 1 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 section 23-06.6-10 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.
3. 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 1 is reasonably available to make or to object to the making of an anatomical gift.