Tennessee § 68-30-108 - Preclusive effect of anatomical gift, amendment or revocation.

§ 68-30-108. Preclusive effect of anatomical gift, amendment or revocation.

Except as otherwise provided in this part, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body. An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor's death. A donor's revocation of an anatomical gift of the donor's body or part under § 68-30-105 is not a refusal and does not bar another person specified in § 68-30-104 or § 68-30-109 from making an anatomical gift of the donor's body or part. If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part, another person may not make, amend, or revoke the gift of the donor's body or part under § 68-30-109. A revocation of an anatomical gift of a donor's body or part by a person other than the donor does not bar another person from making an anatomical gift of the body or part under § 68-30-104 or § 68-30-109. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under § 68-30-104, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person. If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part. If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal. Acts 2007, ch. 428, § 1. Compiler's Notes. Former §§ 68-30-101 , 68-30-102 , 68-30-104 , 68-30-106 , and 68-30-108 – 68-30-117 (Acts 1969, ch. 35, §§ 1, 3, 5, 7-9; T.C.A., §§ 53-4201, 52-4202, 53-4204, 53-4206, 53-4208, 53-4209, 53-42-101 , 53-42-102 , 53-42-104 , 53-42-106 , 53-42-108 , 53-42-109 ; Acts 1983, ch. 84, § 1; Acts 1986, ch. 885, §§ 1, 2; Acts 1987, ch. 118, §§ 1, 3; 1990, ch. 1024, §§ 33, 34; Acts 1997, ch. 413, § 2-4; Acts 1999, ch. 49, § 1; Acts 2001, ch. 404, § 2; 2004, ch. 808, § 1-3; Acts 2005, ch. 348, § 1), concerning the Uniform Anatomical Gift Act, was repealed by Acts 2007, ch. 428, § 1, effective July 1, 2007, and was replaced by the Revised Uniform Anatomical Gifts Act. For current provisions concerning the Revised Uniform Anatomical Gifts Act, see title 68, ch. 30, part 1. Textbooks. Tennessee Forms (Robinson, Ramsey and Harwell), No. 4-404. Law Reviews. Death and Dying in Tennessee (Edward J. McKenney, Jr.), 7 Mem. St. U.L. Rev. 503.