Gifts of the Future: The Legal and Moral Implications of a Testator Devising a Cryopreserved Anatomical Gift to a Beneficiary Who Does Not Yet Need the Gift

Abstract

Addresses some of the legal and moral implications that arise when a testator devises a cryopreserved anatomical gift to a beneficiary who does not yet need the gift. In Part I, the institutions that handle anatomical gifts are presented to lay the foundation for this article for three main reasons: first, to look into the process of how individuals may donate their organs; second, to discuss the current methods surgeons use to harvest an organ; and, third, explore the feasibility of cryopreserving an organ. Part II explores the future outlook and moral implications that arise if cryopreserved anatomical gifts can be devised to a beneficiary. Part III addresses the current laws that make anatomical gifts possible. Lastly, Part IV proposes some limitations to a testator's ability to devise a cryopreserved anatomical gift to a beneficiary who does not yet need the gift. The research and assertions within this comment investigate whether or not the legal world is ready to deal with the ramifications this may entail. Explores what the legal world must do to be fully prepared for when science collides with reality.