§ 149A.81 — Anatomical Gifts
Plain-Language Summary
This section addresses how funeral services interact with organ and body donation. When only part of the body is donated, the remaining body goes back to the family for disposition under normal funeral laws. When the whole body is donated, the donee must arrange for decent burial or cremation at their expense after the gift purpose is served.
149A.81 ANATOMICAL GIFTS.
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Subdivision 1.Duty of disposition; gift of part of a body.
This chapter does not apply to or interfere with the making of an anatomical gift under chapter 525A, except as provided in this subdivision.
When the anatomical gift is of a part of a body, after procurement of the gift organ or organs, custody of the remainder of the body vests in the person or persons under legal obligation to dispose of the body under section 149A.80. Once an anatomical gift has been made and custody of the body has passed from the donee to the person or persons lawfully entitled or obligated to dispose of the body, the provisions of this chapter apply. §
Subd. 2.Duty of disposition; gift of whole body.
When the gift is of the whole body, after it has served the purpose of the gift, subject to the terms of the gift, the body shall be decently buried in a public or private cemetery or cremated and disposed of in any lawful manner and the expense of transporting and burying or cremating the body shall be borne by the donee of the body. Where the donee allows embalming of the body and a funeral service prior to delivery of the body for gift purposes, this chapter applies until the body is delivered to the donee pursuant to the gift. Where the donee takes immediate delivery of the body pursuant to the gift, the donee must complete and file the death record. If the donee does not accept the gift of the body, the right to control, duty of disposition, and liability for disposition shall be in accordance with section 149A.80.
History:
1997 c 215 s 35; 1Sp2001 c 9 art 15 s 32; 2007 c 120 art 2 s 4
History: History: 1997 c 215 s 35; 1Sp2001 c 9 art 15 s 32; 2007 c 120 art 2 s 4