2022 West Virginia Code
Chapter 16. Public Health
Article 19. Anatomical Gift Act
§16-19-9. Who May Make Anatomical Gift of Decedent S Body or Part
(a) Unless barred by 16-19-7 or 16-19-8 of this code, an anatomical gift of a decedents body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available in the order of priority listed:
(1) A person holding a medical power of attorney or another agent of the decedent at the time of death who could have made an anatomical gift under 16-19-4 of this code immediately before the decedents death;
(2) The spouse of the decedent, unless in the six months prior to the decedents death the spouse has lived separate and apart from the decedent in a separate place of abode without cohabitation or an action for divorce is pending;
(3) Adult children of the decedent;
(4) The person acting as the guardian of the decedent at the time of death;
(5) An appointed health care surrogate;
(6) Parents of the decedent;
(7) Adult siblings of the decedent;
(8) Adult grandchildren of the decedent;
(9) Grandparents of the decedent;
(10) An adult who exhibited special care and concern for the decedent; or
(11) A person authorized or obligated to dispose of the decedents body.
(b) If there is more than one member of a class entitled to make an anatomical gift, any member of the class may make the anatomical gift unless he or she, or a person to whom the anatomical gift may pass pursuant to 16-19-11 of this code, knows of an objection by another member of the class. If an objection is known, the majority of the members of the same class must be opposed to the donation in order for the donation to be revoked. In the event of a tie vote, the anatomical gift may proceed despite the objection by a member or members of a class.
(c) A person may not make an anatomical gift if, at the time of the decedents death, a person in a prior class is reasonably available to make, or to object to the making, of an anatomical gift.
