(a) Except as otherwise provided in this part, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor’s body. An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor’s death.

Terms Used In Tennessee Code 68-30-108

  • 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 Tennessee Code 68-30-102
  • Donor: The person who makes a gift.
  • Donor: means an individual whose body or part is the subject of an anatomical gift. See Tennessee Code 68-30-102
  • 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 (18) years of age. See Tennessee Code 68-30-102
  • Parent: means a parent whose parental rights have not been terminated. See Tennessee Code 68-30-102
  • Part: means an organ, an eye, or tissue of a human being. See Tennessee Code 68-30-102
  • 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 Tennessee Code 68-30-102
  • Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See Tennessee Code 68-30-102
  • Refusal: means a record under §. See Tennessee Code 68-30-102
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
(b) A donor’s revocation of an anatomical gift of the donor’s body or part under § 68-30-105 is not a refusal and does not bar another person specified in § 68-30-104 or § 68-30-109 from making an anatomical gift of the donor’s body or part.
(c) If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part, another person may not make, amend, or revoke the gift of the donor’s body or part under § 68-30-109.
(d) A revocation of an anatomical gift of a donor’s body or part by a person other than the donor does not bar another person from making an anatomical gift of the body or part under § 68-30-104 or § 68-30-109.
(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under § 68-30-104, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(f) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part.
(g) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal.
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