In 2006, the UAGA
was amended to protect donor decisions from family refusals and to allow donors to specify their intentions by enrolling in a registry.
Though New York is not one of the states that has codified the Revised UAGA
it does have its own codification of the dead-donor rule.
The 1968 UAGA
allowed individuals to donate organs, eyes, and
Like the Common Rule, the UAGA
does not address the question of ownership, and different courts have reached different conclusions on the question of whether a family member has an ownership interest in a relative's cadaver.
18) The use of the word "gift" in the title of the UAGA
was widely interpreted to outlaw human organ sales, which were not explicitly addressed in the Act.
There are no age limits imposed by the UAGA
and in most cases medical history is not a deterrent.
Daniel Jardine makes a convincing case that the current practice of transplant programs in the United States--in which the express consent of a deceased to donate is "almost always" rejected unless affirmed by the deceased's next of kin (100)-violates the primacy of the deceased's wishes over those of his or her kin under the UAGA
, and that potential organ recipients may have a cause of action negligence against the hospital, doctor or OPO that rejects a gift under such circumstances.
3) A properly signed declaration (such as the back of a driver's license or an organ donor card) is a legal document under the UAGA
and is effective to authorize donation in every state.
The original UAGA
, promulgated in 1968, was adopted by all fifty states and the District of Columbia by 1973.
26) In 1984, UAGA
was supplemented by the National Organ Transplant Act (NOTA).
sought to answer such questions as who might make legal gifts of one's body or body parts, what are the rights of next of kin in setting aside a decedent's wishes, what are the mechanisms for making one's wishes known, and how might gifts be revoked by a donor while alive (Harris & Alcorn, 2001).
Following the states' enactment of versions of UAGA
, the American organ procurement system became the largest in the world.