Anatomical gift
A legally binding decision to donate organs, tissue or a body, which the family generally cannot override.
What it means
Registering as a donor at the licensing agency, or signing a document of gift, is not an expression of preference. Under the uniform act every state has adopted in some form, it is a legally effective gift, and it does not require anybody else's agreement.
That is what registration actually does. Where a valid registration exists, the family is informed rather than asked, and a relative's objection does not revoke it. Where none exists, the decision passes down a statutory list of people, in order, and disagreement between people at the same level is what causes delay at the one moment there is none to spare.
Whole-body donation to a medical school is a separate arrangement with a separate program, usually requiring registration during life, and it is frequently incompatible with organ donation — a body accepted for one may be declined for the other.
Almost nobody is medically ruled out in advance. Age and illness are assessed at the time rather than used as a filter beforehand, so declining to register on the ground of being too old or too unwell is declining on a false premise.
Why it matters
A registration made quietly years ago binds, and a family that does not know it exists experiences it as a decision taken away from them.
Where nothing was registered, the decision falls to the family at the worst possible hour, which is the case for settling it in advance in either direction.
When you are likely to meet it
- When a hospital raises donation, usually within hours.
- When renewing a driving license and being asked.
- When writing down funeral wishes, where this belongs alongside them.
How this varies by state
Every state has adopted a version of the same uniform act, and the order of people who may decide where nothing was registered is set by each state.