Subject to Section 44-43-335, 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 44-43-320 by:

(1) the donor, if the donor is an adult or if the donor is a minor and is at least sixteen years of age;

Terms Used In South Carolina Code 44-43-315

  • Adult: means an individual who is at least eighteen years of age. See South Carolina Code 44-43-305
  • Agent: means an individual:

    (a) authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or

    (b) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. See South Carolina Code 44-43-305
  • 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 South Carolina Code 44-43-305
  • Donor: The person who makes a gift.
  • Donor: means an individual whose body or part is the subject of an anatomical gift. See South Carolina Code 44-43-305
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Minor: means an individual who is under eighteen years of age. See South Carolina Code 44-43-305
  • Parent: means a parent whose parental rights have not been terminated. See South Carolina Code 44-43-305
  • Part: means an organ, an eye, or tissue of a human being. See South Carolina Code 44-43-305
  • 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
  • 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 South Carolina Code 44-43-305

(2) an agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;

(3) a parent of the donor, if the donor is less than sixteen years of age; or

(4) the donor’s guardian.