Delaware General Assembly


CHAPTER 464

AN ACT TO AMEND CHAPTER 7, TITLE 13, DELAWARE CODE, RELATING TO CONSENT OF A MINOR TO DONATE BLOOD VOLUNTARILY WITHOUT THE NECESSITY OF OBTAINING PARENTAL PERMISSION OR AUTHORIZATION.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 7, Title 13, Delaware Code, is hereby amended by adding thereto the following new Section 710:

§ 710. Consent of a minor to donate blood voluntarily without the necessity of obtaining parental permission or authorization

(a) Anything otherwise provided in the law to the contrary notwithstanding, any person of the age of eighteen years or over shall be eligible to donate blood in any voluntary and non-compensatory blood program without the necessity of obtaining parental permission of authorization.

(b) Such consent so given by a minor as described above shall, notwithstanding his or her minority, be valid and legally effective for all purposes and shall be binding upon such minor, his or her parents, legal guardians, spouse, heirs, executors and administrators as effectively as if such minor were twenty-one years of age or over at the time of giving such consent. A minor giving such consent shall be deemed to have the same legal capacity to act and the same legal obligations with regard to giving such consent as if such minor were twenty-one years of age or over. Consent so given shall not be subject to later disaffirmance by reason of such minority; and the consent of no other person or Court shall be necessary for performance of the lawful procedures required to be performed in order to receive such donation.

() Such consent so given by a minor as described above, shall be interpreted as a contract permitting penetration of tissue which is necessary to accomplish such donation.

Approved May 28, 1970.