Subtitle 5 of Title 4 of the Estates and Trusts Article contains the Maryland Anatomical Gift Act. Section 4-503 of the Act states that any individual that is 18 years old or older may give all or any part of his or her body to permit the use of organ transplants or other uses. If the decedent has not made a gift, there is a list of priority as to who can make the gift:
(1) a spouse,
(2) an adult son or daughter,
(3) either parent,
(4) an adult brother or sister,
(5) a guardian, or
(6) a friend or other relative if such friend or other relative submits an affidavit
Similar to that under that surrogate decision making statute.
The only permitted donees of anatomical gifts are hospitals, surgeons, or physicians, medical schools, or licensed blood banks or other storage facilities. Section 4-504(e) permits anatomical gifts to be designated to a specific individual: “Any specified donee may receive a gift for therapy or transplantation needed by him.”
Section 4-505 states that the gift is to be effective immediately and not to wait for probate even if the indication of the gift is made in a will. The statute also provides for a document (form provided in the statute) to indicate that the person wishes to make an anatomical gift. In Maryland this indication may be on a driver’s license which is probably the most effective way to make an anatomical gift designation. Section 12-303 Transportation Article.
There is a special provision for the donation of corneal tissue. Section 4-409.1 authorizes the medical examiner to provide the cornea upon the request of the Maryland Eye Bank and/or the Lion’s Club Eye Bank. The medical examiner will provide corneal tissue in any case where an autopsy is required, the medical examiner does not know of any objection to the donation by the next-of-kin, and the removal will not interfere with the subsequent course of an investigation or autopsy or alter the post-mortem facial appearance.
