[WSBAPT] Posthumous Tissue Collection

[Wendy Malkin]

Hi Listserv,

I am preparing basic estate planning documents for a newly married couple who do not yet have children.  They would like to include a provision that allows either of them to collect reproductive tissue from the other if the other has an untimely death.  One of the clients is a neurology nurse, and she has some experience with families making such requests without prior consent.

I did a bit of research (law review articles and hospital brochures/policies) to prepare the following consent language:
Posthumous Tissue Collection
I consent to the posthumous collection of my reproductive tissue for personal use by my spouse.  I authorize my spouse to request the posthumous collection of my reproductive tissue.  If my spouse makes such a request, I hope that her/his wishes are honored.  I authorize my spouse to use my reproductive tissue for posthumous reproduction.

My questions:

1.       Is the consent language clear?

2.       In which document should it be included (with my current level of knowledge, I plan to include it in the will, health care directive, and health care power of attorney)?

3.       Will hospitals in the Seattle area honor the consent language?  This is the big question.

I appreciate any advice on this matter.

Thanks,
Wendy

Law Office of Wendy Malkin, PLLC
1734 NW Market Street
Seattle, WA 98107
206-735-3177

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