Funeral Services Professionals
Bookmark and Share

Colorado Statutes

12-34-114. Rights and duties of procurement organization and others.

  • (h) Subject to sections 12-34-111 (i) and 12-34-123, the rights of the person to which a part passes under section 12-34-111 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this part 1, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under section 12-34-111, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.

In addition, Colorado law prohibits anyone from interfering or reversing the donation of an anatomical gift made through the Colorado Donor Registry. — This includes family member, funeral homes and even the eye bank itself. CRS 12-34-108 states:

(a) Except as otherwise provided in subsection (g) of this section and subject to subsection (f) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under section 12-34-105 or an amendment to an anatomical gift of the donor's body or part under section 12-34-106.