* § 4301. Persons who may execute an anatomical gift. 1. (a) Any individual of sound mind and eighteen years of age or more may give all or any part of his or her body for any purpose specified in section forty-three hundred two of this article, the gift to take effect upon death. In any case where the donor has properly executed an organ donor card, driver's license authorization to make an anatomical gift, pursuant to paragraph (a) of subdivision one of section five hundred four of the vehicle and traffic law, registered in the New York state organ and tissue donor registry under section forty-three hundred ten of this article, or has otherwise given written authorization for organ or tissue donation, authorization for donation shall not be rescinded by an objection by a member of any of the classes specified in paragraphs (a) through (h) of subdivision two of this section, except upon a showing that the donor revoked the authorization.

1. (b) Any person who is sixteen or seventeen years of age and of sound mind may give all or any part of his or her body for any purpose specified in section forty-three hundred two of this article, the gift to take effect upon death. In any case where the donor has properly executed an organ donor card, driver's license authorization to make an anatomical gift, pursuant to paragraph (a) of subdivision one of section five hundred four of the vehicle and traffic law, or has otherwise given written authorization for organ or tissue donation, notice of such gift shall be provided to the donor's parents or legal guardians, and authorization for donation may be rescinded or amended by an objection by a parent or legal guardian of the donor at the time of death and prior to the recovery of any organ or tissue if the donor is less than eighteen years of age. An anatomical gift made by an individual more than sixteen years of age but less than eighteen shall otherwise not be rescinded, except upon a showing that the donor revoked the authorization. Upon the donor reaching the age of eighteen, the donor's consent to donate his or her organs or tissue shall be regarded as consent for authorization to make an anatomical gift.

2. 2. Any of the following persons, in the order of priority stated, may, when persons in prior classes are not reasonably available, willing, and able to act, 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 class or prior class specified in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of this subdivision, or reason to believe that an anatomical gift is contrary to the decedent's religious or moral beliefs, give all or any part of the decedent's body for any purpose specified in section forty-three hundred two of this article:

   1. (a) the person designated as the decedent's health care agent under article twenty-nine-C of this chapter, subject to any written statement in the health care proxy form,
   2. (b) the person designated as the decedent's agent in a written instrument under article forty-two of this chapter, subject to any written statement in the written instrument,
   3. (c) the spouse, if not legally separated from the patient, or the domestic partner,
   4. (d) a son or daughter eighteen years of age or older,
   5. (e) either parent,
   6. (f) a brother or sister eighteen years of age or older,
   7. (g) a guardian of the person of the decedent at the time of his death,
   8. (h) any other person authorized or under the obligation to dispose of the body.
3. 3. For the purposes of this section, "reasonably available" means that a person to be contacted can be contacted without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.

4. 4. For the purposes of this section, "domestic partner" means a person who, with respect to another person:

   1. (a) is formally a party in a domestic partnership or similar relationship with the other person, entered into pursuant to the laws of the United States or any state, local or foreign jurisdiction, or registered as the domestic partner of the person with any registry maintained by the employer of either party or any state, municipality, or foreign jurisdiction; or
   2. (b) is formally recognized as a beneficiary or covered person under the other person's employment benefits or health insurance; or
   3. (c) is dependent or mutually interdependent on the other person for support, as evidenced by the totality of the circumstances indicating a mutual intent to be domestic partners including but not limited to: common ownership or joint leasing of real or personal property; common householding, shared income or shared expenses; children in common; signs of intent to marry or become domestic partners under paragraph (a) or (b) of this subdivision; or the length of the personal relationship of the persons. Each party to a domestic partnership shall be considered to be the domestic partner of the other party. "Domestic partner" shall not include a person who is related to the other person by blood in a manner that would bar marriage to the other person in New York state. "Domestic partner" shall also not include any person who is less than eighteen years of age or who is the adopted child of the other person or who is related by blood in a manner that would bar marriage in New York state to a person who is the lawful spouse of the other person.

5. 5. The donee shall not accept the gift under the following circumstances:

   1. (a) the donee has actual notice of contrary indication by the decedent;
   2. (b) where the donor has not properly executed an organ donor card, driver's license authorization to make an anatomical gift, pursuant to paragraph (a) of subdivision one of section five hundred four of the vehicle and traffic law, registered in the New York state organ and tissue donor registry under section forty-three hundred ten of this article, or otherwise given written authorization for organ or tissue donation, or has revoked any such authorization, and the gift is opposed by a person or persons in the highest priority available of the classes specified in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of subdivision two of this section; or
   3. (c) the donee has reason to believe that an anatomical gift is contrary to the decedent's religious or moral beliefs.
6. 6. A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of gift for the purposes intended.
7. 7. The rights of the donee created by the gift are paramount to the rights of others except as provided by section forty-three hundred eight of this article.
8. 8. The person who documents the making, amending or revoking of an anatomical gift, acting reasonably and in good faith in accordance with this article, may accept an anatomical gift under this article made by a person who represents that he or she is entitled to consent to the donation. * NB Effective until June 23, 2020 * § 4301. Persons who may execute an anatomical gift. 1. (a) Any individual of sound mind and eighteen years of age or more may make an anatomical gift to take effect upon their death for any purpose specified in section forty-three hundred two of this article, limit an anatomical gift to one or more of those purposes, or refuse to make an anatomical gift. In any case where the donor has a properly executed document of gift authorization for donation shall not be rescinded or amended by any other person except upon a showing that the donor revoked the authorization pursuant to section forty-three hundred five of this article.
9. (b) Any person who is sixteen or seventeen years of age and of sound mind may make an anatomical gift to take effect upon their death for any purpose specified in section forty-three hundred two of this article, limit an anatomical gift to one or more of those purposes, or refuse to make an anatomical gift. In any case where the donor has a properly executed document of gift, notice of such gift shall be provided to the donor's parents or guardians, and authorization for donation may be rescinded or amended by an objection by a parent or guardian of the donor at the time of death and prior to the recovery of any organ or tissue if the donor is less than eighteen years of age. An anatomical gift made by an individual more than sixteen years of age but less than eighteen shall otherwise not be rescinded, except upon a showing that the donor revoked the authorization pursuant to section forty-three hundred five of this article. Upon the donor reaching the age of eighteen, the donor's consent to donate his or her organs or tissue shall be regarded as consent for authorization to make an anatomical gift pursuant to paragraph (a) of this subdivision.
10. (c) In the absence of an express, contrary indication by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an individual's ability to make an anatomical gift under subdivision two of this section.

11. 2.

    1. (a) In the absence of a gift made by the donor under subdivision one of this section, and in the absence of actual notice of contrary indications by the decedent, including religious or moral objections, an anatomical gift of the decedent's body may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed, for any purpose specified in section forty-three hundred two of this article:

       1. (i) the person designated as the decedent's health care agent under article twenty-nine-C of this chapter, subject to any written statement in the health care proxy form,
       2. (ii) the person designated as the decedent's agent in a written instrument under article forty-two of this chapter, subject to any written statement in the written instrument,
       3. (iii) the spouse, if not legally separated from the patient, or the domestic partner,
       4. (iv) a son or daughter eighteen years of age or older,
       5. (v) either parent,
       6. (vi) a brother or sister eighteen years of age or older,
       7. (vii) an adult grandchild of the decedent,
       8. (viii) a grandparent of the decedent,
       9. (ix) a guardian of the person of the decedent at the time of his or her death, or
       10. (x) any other person authorized or under the obligation to dispose of the body.
    2. (b) If there is more than one member of a class listed in subparagraph (iv), (vi), (vii), or (viii) of paragraph (a) of this subdivision entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or person 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.

12. 3. An anatomical gift may not be made by a person listed in subdivision two of this section if:

    1. (a) a person in a prior class is reasonably available;
    2. (b) the person proposing to make an anatomical gift knows of a refusal or contrary indications by the decedent, including that an anatomical gift is contrary to the decedent's religious or moral beliefs.
13. 4. Any gift by a person designated in subdivision two of this section shall be by a document signed by him or her or made by his or her telegraphic, recorded telephonic, or other recorded message. Where a gift is made under this subdivision, either: (a) the authorizing party shall indicate in the document or message that he or she has no actual notice of contrary indications by the decedent and no reason to believe that an anatomical gift is contrary to the decedent's religious or moral beliefs; or (b) an agent of the organ procurement organization or of the donee shall make reasonable efforts to inquire of the authorizing party or otherwise determine that the authorizing party has no actual notice of contrary indications by the decedent and no reason to believe that an anatomical gift is contrary to the decedent's religious or moral beliefs.

14. 5. The donee shall not accept the gift under the following circumstances:

    1. (a) the donee has actual notice of contrary indication by the decedent;
    2. (b) where an anatomical gift is not properly made pursuant to this section; or
    3. (c) the donee has reason to believe that an anatomical gift is contrary to the decedent's religious or moral beliefs.
15. 6. A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of gift for the purposes intended.
16. 7. The rights of the donee created by the gift are paramount to the rights of others except as provided by section forty-three hundred eight of this article.
17. 8. The person who documents the making, amending or revoking of an anatomical gift, acting reasonably and in good faith in accordance with this article, may accept an anatomical gift under this article made by a person who represents that he or she is entitled to consent to the donation. * NB Effective June 23, 2020