2006 Ohio Revised Code - 2108.02. Who may make anatomical gift; refusal by donee; examination of gift; rights of donee.

§ 2108.02. Who may make anatomical gift; refusal by donee; examination of gift; rights of donee.
 

(A)  Any individual of sound mind may make an anatomical gift for any purpose specified in section 2108.03 of the Revised Code, the anatomical gift to take effect upon the individual's death, if either of the following conditions applies: 

(1) The individual is eighteen years of age or more; 

(2) The individual is less than eighteen years of age and a parent or guardian of the individual signs a document pursuant to division (B)(2) or a statement pursuant to division (C) of section 2108.04 of the Revised Code. 

(B)  Any of the following persons, in the order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, may make an anatomical gift of all or any part of the body of a decedent for any purpose specified in section 2108.03 of the Revised Code: 

(1) The spouse; 

(2) An adult son or daughter; 

(3) Either parent; 

(4) An adult brother or sister; 

(5) A grandparent; 

(6) A guardian of the person of the decedent at the time of the decedent's death; 

(7) Any other person authorized or under obligation to dispose of the body. 

(C)  The donee shall not accept the anatomical gift if the donee has actual notice of contrary indications by the decedent or if the anatomical gift is made pursuant to division (B) of this section and that an anatomical gift by a member of a class is opposed by a member of the same or a prior class. The persons authorized in division (B) of this section may make the anatomical gift after or immediately before death. 

(D)  An anatomical gift authorizes any examination necessary to ensure medical acceptability of the anatomical gift for the purpose intended. 

(E)  The rights of the donee created by the anatomical gift are paramount to the rights of others except that a coroner or, in the coroner's absence, a deputy coroner, who has, under section 313.13 of the Revised Code, taken charge of the decedent's dead body and decided that an autopsy is necessary, has a right to the dead body and any part that is paramount to the rights of the donee. The coroner, or in the coroner's absence, the deputy coroner, may waive this paramount right and permit the donee to take a donated part if the donated part is or will be unnecessary for successful completion of the autopsy or for evidence. If the coroner or deputy coroner does not waive this paramount right and later determines, while performing the autopsy, that the donated part is or will be unnecessary for successful completion of the autopsy or for evidence, the coroner or deputy coroner may thereupon waive the paramount right and permit the donee to take the donated part, either during the autopsy or after it is completed. 

(F)  The donee has a property right in an anatomical gift donated pursuant to sections 2108.02 and 2108.04 of the Revised Code and may enforce this right in an action for a declaratory judgment under Chapter 2721. of the Revised Code in the common pleas court of the county where the donor last resided or died or the county where the donee resides. The court shall give such an action precedence over other pending actions. 

(G)  Nothing in this section shall be construed as requiring a donee to accept an anatomical gift. 
 

HISTORY: 133 v H 51 (Eff 11-6-69); 136 v H 1182 (Eff 5-4-76); 143 v H 529 (Eff 10-30-89); 143 v H 21 (Eff 3-27-91); 148 v S 188. Eff 12-13-2000.
 

Not analogous to former RC § 2108.02 (132 v H 215), repealed in 133 v H 51, § 2, but see former RC § 2108.01 (132 v H 215).