CHAPTER 16
FORMERLY
SENATE BILL NO. 19
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 24, SECTION 1781, DELAWARE CODE PERTAINING TO THE ANATOMICAL GIFTS BY MINORS WITH PARENTAL CONSENT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Title 24, Section 1781, Delaware Code by striking Section (a) in its entirety and substituting in lieu thereof the following:
"(a) Any individual of sound mind and eighteen years of age or more or an individual not of such age who has parental consent may give all or any part of his or her body for any purposes specified in Section 1782 of this Title, the gift to take effect upon the donor's death. However, a married minor may make such a donation without parental consent."
Section 2. Further amend Title 24, Section 1781, by redesignating paragraphs (b) through (e) as paragraphs (c) through (f).
Section 3. Further amend Title 24, Section 1781, by adding thereto a new paragraph (b) which shall read as follows:
"(b) Parental Consent' as used in this Section shall be defined as the written permission by any of the following persons in order of priority stated below when persons of prior classes are no longer living or-no longer have contractual capacity and when there is no notice to a donee of an objection written or otherwise, by a person of the same class:
1. either parent
2. a legal guardian
3. any individual having legal custody."
Section 4. Amend Ti tie 24, Section 1789 by adding thereto the following new form: "Anatomical Gift by a Living Minor Donor
I am of sound mind and under 18 years of age.
I hereby make this anatomical gift to take effect upon my death with the parental consent of the undersigned. The marks in the appropriate squares and the words filled into the blanks below indicate my desires.
I give: my body; any needed organs or parts;
the following organs or parts
To the following person or institutions the physician in attendance at my death; the
hospital in which I die; the following named physician, hospital, storage bank or other medical
institution the following individual for
treatment ; for the following purposes; any purpose authorized
by law; transplantation; therapy; research; medical education.
Dated City and State
The undersigned parent or other person authorized by law grants permission for the above anatomical gift.
Signed by the Donor and the person giving parental consent In the presence of the following who sign as witnesses.
Signature of Donor
Witness
Address of Donor
Signature of Parent or
other Person Authorized by Law
Witness
Address of Consenting Party"
Approved April 21, 1983.