Virginia Code 32.1-291.8: Preclusive effect of anatomical gift, amendment, or revocation
A. Except as otherwise provided in subsection G and subject to subsection F, 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 or part if the donor made an anatomical gift of the donor’s body or part under § 32.1-291.5 or an amendment to an anatomical gift of the donor’s body or part under § 32.1-291.6.
Terms Used In Virginia Code 32.1-291.8
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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.
- Person: means an individual, corporation, partnership, or association or any other legal entity. See Virginia Code 32.1-3
B. A donor’s revocation of an anatomical gift of the donor’s body or part under § 32.1-291.6 is not a refusal and does not bar another person specified in § 32.1-291.4 or 32.1-291.9 from making an anatomical gift of the donor’s body or part under § 32.1-291.5 or 32.1-291.10.
C. If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under § 32.1-291.5 or an amendment to an anatomical gift of the donor’s body or part under § 32.1-291.6, another person may not make, amend, or revoke the gift of the donor’s body or part under § 32.1-291.10.
D. A revocation of an anatomical gift of a donor’s body or part under § 32.1-291.6 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under § 32.1-291.5 or 32.1-291.10.
E. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under § 32.1-291.4, 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. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under § 32.1-291.4, an anatomical gift of a part for one or more of the purposes set forth in § 32.1-291.4 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under § 32.1-291.5 or 32.1-291.10.
G. 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.
H. If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal.