Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

g PERSONS
authorize the removal of organs and tissues after his death, for
medical or scientific purposes.
A minor may do the same with the authorization of his
father or mother or, failing them, of the person who exercises
parental authority.
The consent must be given in writing; it may be
revoked in writing or verbally before a witness.
19 A physician may remove part of the body of a deceased
person if, failing prior instructions from the deceased, he
obtains the consent of the consort or nearest relative of that
person.
This consent is not required when two physicians attest
in writing to the impossibility of obtaining it in due time, the
urgency of the operation and the serious hope of saving a
human life.
The death of the donor must have been ascertained by
two physicians who in no way participate in the removal or in
the transplantation.
20 An autopsy may be performed only in cases provided for
by law or where the deceased had consented in writing.
A minor may also consent in writing to an autopsy, with
the authorization of his father or mother or, failing them, of
the person who exercises parental authority.
21 An autopsy may be required by the attending physician,
by the consort or the heirs of the deceased, his relatives in the
first degree or those persons acting in their stead.
22 An autopsy may also be required by an insurer if the
circumstances surrounding the insured's death justify it.