Georgia Lions Eye Bank, Inc. v. Lavant

Weltner, Justice.

This appeal is from an order of the State Court of Chatham County holding unconstitutional OCGA § 31-23-6 (b) (1), which authorizes, under specified circumstance,1 removal for transplant of the corneal tissue of decedents if no objection is made by the decedent in his life or by his next-of-kin after death.

This law was enacted by a virtually unanimous General Assembly in 1978. The record indicates that before its passage, approximately 25 corneal transplants were performed each year. In 1984, however, more than 1000 persons regained their sight through transplants.

Pursuant to…