Florida Statute 765.512
“Persons who may make an anatomical gift”
What it means
Any person who may make a will may make an anatomical gift of his or her body. If the decedent made a gift by a method listed in s. 765.514(1), and there is no actual notice of contrary indications, the document or donor-registry entry is legally sufficient evidence of the decedent's informed consent. A gift the donor did not revoke under s. 765.516 is irrevocable after death, and a family member, guardian, representative ad litem, or health care surrogate may not modify, deny, or prevent it.
A health care surrogate the decedent designated under part II may give all or part of the body for a purpose in s. 765.513, absent actual notice of contrary indications by the decedent. If the decedent made no gift and designated no surrogate, these persons may give, in priority order, absent contrary indications or opposition by a prior class: spouse; adult son or daughter; either parent; adult brother or sister; adult grandchild; grandparent; close personal friend; guardian of the person at death; court-appointed representative ad litem. Reasonably available higher-priority persons must be contacted, and a reasonable search must show no objection by the decedent.
A donee may not accept a gift if it has actual notice of the donor's contrary indications or of opposition by a prior class. Once a gift is made, the donee's rights are paramount to the rights of others, except as provided by s. 765.517.
- Any person who may make a will may make an anatomical gift of his or her body (§ 765.512(1)).
- An unrevoked donor gift is irrevocable after death; family, guardian, representative ad litem, and health care surrogate may not modify, deny, or prevent it (§ 765.512(1)(b)).
- A health care surrogate designated by the decedent may give the body or parts for a purpose in s. 765.513, absent actual notice of contrary indications (§ 765.512(2)).
- If the decedent made no gift and designated no surrogate, in order: spouse, adult child, parent, adult sibling, adult grandchild, grandparent, close personal friend, guardian of the person, representative ad litem (§ 765.512(3)(a)-(i)).
- Reasonably available higher-priority persons must be contacted, and a reasonable search must show no objection by the decedent (§ 765.512(3)).
- A donee may not accept a gift over actual notice of the donor's contrary indications or a prior class's opposition (§ 765.512(4)).
Text of the statute (2026)
(1) Any person who may make a will may make an anatomical gift of his or her body. (a) If the decedent makes an anatomical gift by one of the methods listed in s. 765.514(1), and in the absence of actual notice of contrary indications by the decedent, the document or entry in the donor registry is legally sufficient evidence of the decedent’s informed consent to donate an anatomical gift. (b) An anatomical gift made by a qualified donor and not revoked by the donor, as provided in s. 765.516, is irrevocable after the donor’s death. A family member, guardian, representative ad litem, or health care surrogate may not modify, deny, or prevent a donor’s wish or intent to make an anatomical gift after the donor’s death.
(2) A health care surrogate designated by the decedent pursuant to part II of this chapter may give all or any part of the decedent’s body for any purpose specified in s. 765.513 absent actual notice of contrary indications by the decedent.
(3) If the decedent has not made an anatomical gift or designated a health surrogate, a member of one of the classes of persons listed below, in the order of priority listed and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of a prior class, may give all or any part of the decedent’s body for any purpose specified in s. 765.513: (a) The spouse of the decedent; (b) An adult son or daughter of the decedent; (c) Either parent of the decedent; (d) An adult brother or sister of the decedent; (e) An adult grandchild of the decedent; (f) A grandparent of the decedent; (g) A close personal friend, as defined in s. 765.101; (h) A guardian of the person of the decedent at the time of his or her death; or (i) A representative ad litem appointed by a court of competent jurisdiction upon a petition heard ex parte filed by any person, who shall ascertain that no person of higher priority exists who objects to the gift of all or any part of the decedent’s body and that no evidence exists of the decedent’s having made a communication expressing a desire that his or her body or body parts not be donated upon death. Those of higher priority who are reasonably available must be contacted and made aware of the proposed gift and a reasonable search must be conducted which shows that there would have been no objection to the gift by the decedent.
(4) A donee may not accept an anatomical gift if the donee has actual notice of contrary indications by the donor or actual notice that an anatomical gift by a member of a class is opposed by a member of a prior class.
(7) Once the anatomical gift has been made, the rights of the donee are paramount to the rights of others, except as provided by s. 765.517.
Excerpts are the subsections the summary relies on. Read the full official text of § 765.512.
History. s. 1, ch. 74-106; s. 45, ch. 75-220; s. 4, ch. 84-264; s. 62, ch. 85-62; s. 5, ch. 95-423; s. 974, ch. 97-102; s. 6, ch. 98-68; s. 12, ch. 99-331; s. 62, ch. 2001-226; s. 2, ch. 2003-46; s. 2, ch. 2008-223; s. 2, ch. 2009-218.
How it applies
Subsection (1) governs gifts the donor made before death: the donor's document or registry entry is legally sufficient evidence of consent, and relatives cannot undo it. Subsection (2) lets a surrogate the decedent designated give the body or parts, absent actual notice of contrary indications. Subsection (3) applies only if the decedent made no gift and designated no surrogate.
A person on the list may act only in the absence of opposition by a member of a prior class and of actual notice of the decedent's contrary indications, and subsection (5) allows the gift to be made after death or immediately before death. Subsection (7) makes the donee's rights paramount once a gift is made, subject to s. 765.517.
Where this shows up
Pages on this site where § 765.512 does real work:
- Florida will checklist: who may make a will, signing and witness rules under section 732.502, the self-proving affidavit, and decisions on beneficiaries, personal representative, guardian and homestead
- Health care surrogate and living will in Florida: signing rules, powers, limits and who decides without one
- Alistair Cooke
- The Anatomical Gift Act
- Jeremy Bentham
- Moore v. Regents
Questions people ask
Sources
- Florida Statutes (2026), s. 765.512, Florida Senate (Supports subsections (1) to (7): who may give, irrevocability, the priority list, contact and search duties, and donee rights.)
- Online Sunshine, Florida Statutes (2026), s. 765.512 (Text, catchline, and History line checked against this page on 2026-10-17: A family member, guardian, representative ad litem, or health care surrogate may not modify, deny, or prevent a donor’s wish or intent to make an anatomical gift after the donor’s death.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.