Oklahoma § 63-2200.9 - Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009

§ 63-2200.9. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009

NOTE: This section was held unconstitutional by the Oklahoma

Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008

OK 102 (2009).

§63-2200.9A. Persons authorized to make anatomical gift of

decedent's body or part.

A. Subject to subsections B and C of this section and unless

barred by Section 7 or 8 of this act, an anatomical gift of a

decedent’s 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. An agent of the decedent at the time of death who could have

made an anatomical gift under paragraph 2 of Section 4 of this act

immediately before the decedent’s death;

2. The spouse of the decedent;

3. Adult children of the decedent;

4. Parents of the decedent;

5. Adult siblings of the decedent;

6. Adult grandchildren of the decedent;

7. Grandparents of the decedent;

8. An adult who exhibited special care and concern for the

decedent;

9. The persons who were acting as the guardians of the person

of the decedent at the time of death; and

10. Any other person having the authority to dispose of the

decedent’s body.

B. If there is more than one member of a class listed in

paragraph 1, 3, 4, 5, 6, 7 or 9 of subsection A of this section

entitled to make an anatomical gift, an anatomical gift may be made

by a member of the class unless that member or a person to whom the

Oklahoma Statutes - Title 63. Public Health and Safety

gift may pass under Section 11 of this act 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.

C. A person may not make an anatomical gift if, at the time of

the decedent’s death, a person in a prior class under subsection A

of this section is reasonably available to make or to object to the

making of an anatomical gift.

Added by Laws 2009, c. 139, § 9, eff. Nov. 1, 2009.