Subject to section 39-3408 , Idaho Code, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research or education in the manner provided in section 39-3405 , Idaho Code, by:

1. (1) The donor, if the donor is an adult or if the donor is a minor and is:

   1. (a) Emancipated; or
   2. (b) At least fifteen (15) years of age, provided however, that if the donor is fifteen (15) years of age or older and less than eighteen (18) years of age, a parent or an adult guardian must consent in writing in the presence of the donor.
2. (2) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
3. (3) A parent of the donor, if the donor is an unemancipated minor; or
4. (4) The donor’s guardian.

[39-3404, added 2007, ch. 30, sec. 2, p. 63; am. 2018, ch. 191, sec. 1, p. 417.]