[§327-9]  Who may make an anatomical gift of

decedent's body or body part.  (a)  Subject to subsections (b) and (c) and

unless barred by subsection (d), an anatomical gift of a decedent's body or

body part for purposes of transplantation, therapy, research, or education may

be made, in the order of priority listed, by any member of the following

classes of persons who is reasonably available:

     (1)  An agent of the decedent at the time of death who

could have made an anatomical gift under section 327-4(2) immediately before

the decedent's death;

     (2)  The spouse or reciprocal beneficiary of the

decedent;

     (3)  Adult children of the decedent;

     (4)  Parents of the decedent;

     (5)  Adult siblings of the decedent;

     (6)  Adult grandchildren of the decedent;

     (7)  Grandparents of the decedent;

     (8)  An adult who exhibited special care and concern

for the decedent;

     (9)  The persons who were acting as the guardian of

the person of the decedent at the time of death; and

    (10)  Any other person having the authority to dispose

of the decedent's body.

     (b)  If there is more than one member of a

class listed in subsection (a)(l), (3), (4), (5), (6), (7), or (9) 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 can pass under section

327-11 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.

     (c)  No person may make an anatomical gift if,

at the time of the decedent's death, a person in a prior class under subsection

(a) is reasonably available to make or to object to the making of an anatomical

gift.

     (d)  An anatomical gift may not be made if doing

so is barred by section 327-7 or 327-8. [L 2008, c 122, pt of §1]