Definitions
An "anatomical gift" is a donation of all or part of a human body to take effect upon or after death.
A "document of gift" is a card, a statement attached to or imprinted on a motor vehicle driver's license, an identification card, a will or other writing used to make an anatomical gift.
Making an Anatomical Gift
An individual who is at least sixteen years of age may:
1. make an anatomical gift for any of the purposes stated in Section 24-6A-6 NMSA 1978;
2. limit an anatomical gift to one or more of those purposes;
3. refuse to make an anatomical gift; or
4. revoke an anatomical gift.
An anatomical gift may be made only by a document of gift signed by the donor or by complying with the provisions of Section 66-5-10 NMSA 1978.
If the donor cannot sign, the document of gift shall be signed by another individual and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other, and state that it has been so signed. Revocation, suspension, expiration or cancellation of the license or identification card does not invalidate the anatomical gift.
Delivery of Document of Gift.
Delivery of a document of gift is not required for the validity of an anatomical gift.
Amendment or Revocation of an Anatomical Gift
An anatomical gift not made by will may be amended or revoked by:
1. a signed statement;
2. an oral statement made in the presence of two individuals;
3. any form of communication during a terminal illness or injury addressed to a physician; or
4. the delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
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