Advancements in modern medicine have expanded options for organ transplants. As a result, it has become increasingly necessary for state legislatures and the courts, in conjunction with the medical profession, to determine proper and humane procedures which allow for these lifesaving measures to be carried out.

Of equal importance is concern for safeguarding the interests and rights of both the potential donor, the recipient, and their respective families. Illinois’ Uniform Anatomical Gift address issues which could arise out of these medical procedures. The Act regulates who may execute an anatomical gift, who may become a recipient, purposes for which the gifts are made, the manner of executing such gifts, and the rights and duties of persons involved after the death of the donor.

Any adult of sound mind may execute an anatomical gift. The gift may be made to the following persons in order of priority:

• A spouse 
• Adult children
• Parents
• Adult siblings
• A guardian of the decedent

If any organ donee or recipient opposes the donation, the donor recipient cannot accept the gift.

Organ donations also may be made to:

• A hospital, surgeon or physician for medical or dental education, research or transplantation
• To an accredited medical school for education or research
• To a storage bank
• To any specified individual

Organ donations may also be made without specifying a recipient. If an organ donor specifies a particular recipient, who is not available at the time and place of death, the attending physician may accept the organ donation provided there is no evidence that the donor, prior to death, would not consent to this change. Any physician who becomes a donor recipient under these circumstances may not participate either physically or financially in the procedures for removing or transplanting an organ.

When gifts are made by an individual donor by a will or other written document, a copy of the document may be delivered either to the recipient or other facility that accepts it for safekeeping in order to expedite procedures after death. However, such delivery is not necessary to the validity of the gift.

The physician who determines the time of death of a donor cannot participate in procedures for removing or transplanting an organ. Upon the death of the donor, the donor recipient may accept or reject the gift, but if it is accepted, the law provides that a decedent donor's body be treated not only according to the terms of the gift, but humanely and with due respect to the surviving family.

Once authorized, anatomical gifts can be revoked in several ways:

• A signed statement which has been witnessed and certified may be delivered to the prospective donor recipient.
• Authorization can also be revoked by a signed card, carried on one's person, or a signed document, kept in one's effects, which has been witnessed and certified at a date subsequent to date of the original gift.
• The donor may amend his or her will.

For those organ donors who prefer to carry an organ donor card on their person, there is a space on the reverse side of the Illinois driver's license for the placement of the signatures of the donor and two witnesses, indicating that the individual is carrying an Anatomical Gift Card.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.