Arizona Anatomical Donation: How the Revised Uniform Anatomical Gift Act Works

An anatomical donation in Arizona — legally called an "anatomical gift" — is the donation of all or part of a human body for transplantation, therapy, research, or education. Arizona's Revised Uniform Anatomical Gift Act (A.R.S. Title 36, Chapter 7, Article 3, including §§ 36-841 through 36-864) provides the state framework for organ, eye, tissue, and whole-body gifts. Whole-body programs also have their own enrollment, acceptance, transportation, and final-disposition rules.

Here is what the law actually says, how to make a valid anatomical gift in Arizona, and the authority hierarchy that determines what happens when documentation is missing or ambiguous.

What Qualifies as an Anatomical Gift

Under A.R.S. § 36-841, an anatomical gift can include donation of:

• Organs for transplantation, therapy, research, or education (heart, kidneys, liver, lungs, pancreas, and intestines)
• Eyes, including corneas, for transplantation, therapy, research, or education
• Tissues for transplant, therapeutic, research, or educational use (skin, bone, heart valves, tendons, and veins)
• The entire body for research or education, subject to the accepting program's rules

The Act supplies a common legal framework, but the operational requirements are not identical. A DonateLifeAZ organ-and-tissue registration is not the same as enrollment in a whole-body program, and each whole-body program decides whether it can accept a donor at the time of death.

This is an important distinction: organ, eye, and tissue donation is coordinated through Donor Network of Arizona and other procurement organizations, while whole-body donation is arranged directly with an accepting program such as a medical school. A person may register for organ and tissue donation and separately enroll in a whole-body program, but that does not guarantee that both gifts can occur; the accepting program's rules and the condition of the remains control.

How to Make a Valid Anatomical Gift in Arizona

Arizona law provides several ways for a living adult to make an anatomical gift that takes effect at death. A gift made in one of these statutory forms can be legally binding:

1. Donor Registry (DonateLifeAZ)

Registering with Arizona's donor registry through DonateLifeAZ — typically done when applying for or renewing a driver's license or state ID at the MVD — creates a record that Donor Network of Arizona checks at the time of death. A heart symbol on a credential may reflect the registration, but the registry itself is the confirmation.

The registry is primarily for organ, eye, and tissue donation. Its registration process allows donors to specify certain organs or tissues and select available purposes, but it is not enrollment in a whole-body program and does not by itself arrange donation to a particular medical school.

2. Advance Directive

The Arizona Attorney General's current health-care power-of-attorney form includes an organ-donation section. It can allow you to specify:

• Whether you want to donate specific organs or tissues, or your whole body
• Whether you want to restrict the purpose (such as transplantation or therapy, research or education, or another legally permitted purpose)
• Whether you want to name a specific recipient organization
• Whether you want to designate an agent to make donation decisions on your behalf, or make the choice yourself

Use the current form and follow its signing requirements. Also give your family and the relevant donation program a copy or clear notice of your wishes.

3. Written Document (Donor Card or Separate Statement)

Arizona law recognizes a donor card or other signed record as a way to make an anatomical gift. Two witnesses are not generally required when the donor signs. If another person signs at the donor's direction because the donor is physically unable to sign, the record must be witnessed by at least two adults, including at least one disinterested witness. A terminal-illness communication must also be addressed to at least two adults, including at least one disinterested witness.

4. Will

An anatomical gift can be included in a will, and Arizona law says the gift takes effect at death whether or not the will is probated. Because donation decisions are time-sensitive, do not rely on a will alone: tell your family and the intended donation organization about the gift.

Who Has Authority to Make the Decision

If the deceased person made a valid donor-made anatomical gift during their lifetime, the gift generally precludes another person from amending or revoking it. Under A.R.S. §§ 36-847 and 36-849, family members cannot override a donor's documented decision merely because they object, subject to narrow statutory exceptions.

If no valid anatomical gift or refusal was made before death by the donor or another person authorized under A.R.S. § 36-843, the decision falls to a priority hierarchy under A.R.S. § 36-848:

1. An agent who was authorized to make an anatomical gift immediately before death
2. The spouse
3. Adult children
4. Parents
5. The domestic partner, if the decedent was unmarried and no other person had assumed financial responsibility for the decedent
6. Adult siblings
7. Adult grandchildren
8. Grandparents
9. An adult who exhibited special care and concern for the decedent
10. The persons acting as the decedent's guardian at the time of death
11. Any other person with authority to dispose of the decedent's body

The hierarchy is not simply a first-person-willing rule: a lower-priority class cannot act while someone in a prior class is reasonably available. For classes with multiple eligible members, a known objection generally means that a majority of the reasonably available members must authorize the gift. The procurement organization applies the statutory rules and its medical and operational criteria.

Revoking or Amending an Anatomical Gift

A donor can amend or revoke an anatomical gift before death using the methods Arizona law recognizes, subject to the rules that protect an existing gift. Examples include:

• A signed written statement
• Removing or modifying a DonateLifeAZ registration through the registry's process
• A later document that amends or contradicts the prior gift
• A communication during a terminal illness or injury addressed to at least two adults, including at least one disinterested witness

The key point is to act before death and notify the relevant registry or donation program. After death, family members generally cannot revoke a donor-made gift, although Arizona law contains narrow exceptions and separate rules for gifts made by someone other than the donor.

Amending — changing which organs are donated, adding restrictions on purpose, or designating a different recipient — requires a valid later record or other method authorized by statute. Check the current registry or program instructions after making a change.

What Happens at the Time of Death

When a potential donor dies in Arizona, the process is coordinated quickly:

Hospital notification: Arizona hospitals must notify Donor Network of Arizona (the state's organ procurement organization) about in-hospital deaths and potential donors. The organization evaluates whether donation may be medically possible.

Registry and program check: For organ, eye, and tissue donation, DNA checks the DonateLifeAZ registry and relevant records. For whole-body donation, the family or care facility must promptly contact the program in which the person enrolled.

Family contact: If a documented gift exists, the procurement organization notifies the family and explains the process. If no donor-made gift or refusal is found, the organization contacts the next of kin in priority order to request authorization.

Recovery and acceptance: Timing depends on medical suitability, the medical examiner's requirements, and the accepting organization's procedures. Whole-body enrollment does not guarantee acceptance at death, so families should know the program's contact and backup-disposition instructions.

Funeral and remains: After organ or tissue recovery and any medical-examiner evaluation, funeral plans can proceed. For whole-body donation, the accepting program's terms determine transportation, cremation, scattering, and whether cremated remains are returned; timelines vary.

Anatomical Donation and Funeral Planning

Anatomical donation intersects with funeral planning in several practical ways that families should understand in advance:

Organ, eye, and tissue donation does not necessarily prevent a traditional funeral. Donor Network of Arizona says recovery normally does not interfere with funeral arrangements, and an open-casket service may be possible. Coordinate the timing with the donation organization and funeral provider.

Whole-body donation may change funeral arrangements. The accepting program may set requirements for prompt notification, transportation, embalming, viewing, cremation, and return or scattering of remains. Families may still be able to hold a memorial or other service, but they should read the program's current terms rather than assume a traditional viewing or a particular return date.

Documentation should be shared. Keep the donor-registration confirmation or whole-body enrollment paperwork with your end-of-life documents, tell your family and health-care agent, and give the relevant program and funeral provider the current instructions.

A Disposition-Transit Permit is not required for every in-state move. Under A.R.S. § 36-326, a funeral establishment or responsible person needs the permit before final disposition or moving remains out of Arizona. For an in-state move, the law can allow movement without the permit if the required notice is given to the local registrar within the applicable 24-hour or 72-hour period; a hospital release form may also be required. The donation organization or registrar can confirm which paperwork applies.

Anatomical donation is one of the most consequential decisions in end-of-life planning. Document the choice clearly, tell the people who may need to act, and confirm the current requirements of the registry or whole-body program. This article is general information, not legal advice.

For a complete walkthrough of Arizona's funeral and disposition laws — including disposition authority, permit requirements, consumer rights with funeral homes, and how anatomical gifts fit into the broader planning picture — the Arizona Funeral Laws and Consumer Rights Guide covers the full framework.

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