ChunkMcHorkle , (edited )
@ChunkMcHorkle@lemmy.world avatar

Huh, I missed that. But if it was, they would be able to provide proof of consent to the family, which they are apparently unable to do. When it comes to body parts, you have to have more than a spoken agreement, so if they actually had legitimate consent executed in a legally compliant manner, they'd be able to produce it.

Check out Alabama law on the subject:

22-19-164 Manner of making anatomical gift before donor’s death.

(a) A donor may make an anatomical gift:

(1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card;

(2) in a will;

(3) during a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or

(4) as provided in subsection (b).

(b) A donor or other person authorized to make an anatomical gift under Section 22-19-163 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:

(1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(2) state that it has been signed and witnessed as provided in subdivision (1).

(c ) Revocation, suspension, expiration, or cancellation of a driver’s license or identification card upon which an anatomical gift is indicated does not invalidate the gift.

(d) An anatomical gift made by will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.

EDITED TO ADD: The death occurred at a non-prison hospital, and the autopsy was done by University of Alabama Birmingham pathology department. Hospitals absolutely know the legal requirements for all death-related transfers, gifts, and destruction of body parts/biologic material, and it's unlikely (though not impossible) that the hospital is where the theft took place. Rather, I would bet cash that there is someone on the take at the UAB pathology department selling parts on the side, because autopsy is where the actual bits get separated from the whole and disbursed (and a frequent locale for cadaver parts theft).

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