Section 5: Permitted donations by deceased persons

5. Permitted donations by deceased persons (1) (a) Any person may make a donation, effective after his death, of any tissue from his body for therapeutic purposes to an approved health institution, or for research purposes to a prescribed institution. (b) Where a person dies without having made a donation pursuant to paragraph (a) and without having expressed in writing a contrary intention to the Board during his lifetime— (i) his spouse; or (ii) if he leaves no spouse or his spouse is unable to do so because of mental impairment or because he is abroad, his child, or if he has more than one child, all his children jointly, acting through the legal administrator or guardian in the case of a minor child, may, subject to subsection (3), make a donation of any tissue from his body for therapeutic purposes to an approved health institution. H12 – 3 [Issue 1] Human Tissue (Removal, Preservation and Transplant) Act (c) Where a minor dies, the person who lawfully exercises parental authority over him or, if there is more than one such person, those persons, if they so agree, may, subject to subsection (3), make a donation of any tissue from the body of the minor to an approved health institution for therapeutic purposes. (2) Where a person referred to in subsection (1) (a), (b) or (c) has not, in the donation, specified— (a) the purpose for which it was made; or (b) the institution for which it was intended, the Board shall determine the purpose for which or the institution to which the donation will be deemed to have been made or intended. (3) (a) A donation under subsection (1) (b) or (c) shall be exclusively for the purpose of a transplant to the body of a relative of the deceased person. (b) The Board may require such evidence as it thinks necessary to satisfy itself that the prospective recipient of any tissue under subsection (1) (b) or (c) is a relative of the deceased person.