QuestionsQuestions (Republic Act No. 9726)
RA 349 allows a person (the grantor) to validly grant authority to a licensed physician, surgeon, known scientist, or a medical or scientific institution to detach an organ (or parts of the body) after the grantor’s death and utilize it for medical, surgical, or scientific purposes.
The organ or body part may be detached at any time after the grantor’s death.
A licensed physician, surgeon, known scientist, or any medical or scientific institution.
Yes. It also permits authorization for utilization of any organ or body parts which, for a legitimate reason, would be detached from the grantor’s body.
It must be in writing; specify the grantee (person/institution); specify the organ/parts and the specific uses; and be signed by the grantor and two disinterested witnesses.
The authorization must be signed by the grantor and two disinterested witnesses.
It may be executed by the guardian with approval of the court; otherwise, in default, by the legitimate father or mother in the order named.
Yes. The Act expressly provides that married women may grant the authority without the consent of the husband.
A copy of every authorization must be furnished the Secretary of Health.
It binds the executors, administrators, and successors of the deceased, and all members of the family.
No. Section 3 states it binds executors, administrators, successors, and all members of the deceased’s family.
Yes. The authorization binds executors, administrators, and successors, so it remains effective post-death as provided by the Act.
It must be a written document specifying (1) the grantee, (2) the organ/parts to be detached, and (3) the specific uses/uses for which the organ/parts will be utilized, and it must be signed by the grantor and two disinterested witnesses.
They are hereby repealed to the extent of inconsistency (Section 4).
Upon its approval (Section 5).