Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts

ORS 97.974
Immunity of persons acting in accordance with ORS 97.951 to 97.982


A person who acts in accordance with ORS 97.951 (Short title) to 97.982 (Alteration of document of anatomical gift prohibited) or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution or administrative proceeding.


Neither the person making an anatomical gift nor the donor’s estate is liable for any injury or damage that results from the making or use of the gift.


In determining whether an anatomical gift has been made, amended or revoked under ORS 97.951 (Short title) to 97.982 (Alteration of document of anatomical gift prohibited), a person may rely upon representations of an individual listed in ORS 97.965 (Persons authorized to make anatomical gift of body or body part of decedent) (1)(b), (c), (d), (e), (f), (g) or (h) relating to the individual’s relationship to the donor or prospective donor unless the person knows that the representation is untrue. [2007 c.681 §15]
Note: See note under 97.951 (Short title).
Chapter 97

Atty. Gen. Opinions

Embalming dead human body without prior authorization from surviving spouse or next of kin, (1981) Vol 41, p 457


Last accessed
Jun. 26, 2021