Refusal to make anatomical gift — Effect of refusal · Idaho
Idaho: how to refuse organ donation
If you came here to get off the registry
Is removing the donor designation enough in Idaho?
Taking your name off the organ donor registry is a revocation. So is removing the designation from your driver’s license. Under Idaho Code § 39-3408, Idaho law treats a revocation and a refusal as two different things, and only the refusal settles it.
A revocation withdraws the gift you made. It does not stop anyone else from making the gift for you. Only a refusal does that, and Idaho Code § 39-3407 is the section that says so. It has to be signed.
Both provisions are quoted in full below, from Idaho’s own code.
What Idaho asks
What you need to make a refusal in Idaho
- Act
- 2006 revision
- Enforcement
- An unrevoked refusal bars all other persons from making the gift.
- Signing it yourself
- No witnesses required by the statute.
- If someone signs at your direction
- Two adults. At least one of the two must be a disinterested witness; the other may be anyone, including a family member.
- Notary
- Not required.
- Idaho law
- Idaho Code §§ 39-3407, 39-3408
- Statute read
- 2026-09-02
Refusal to make anatomical gift — Effect of refusal · Preclusive effect of anatomical gift, amendment or revocation
The statute itself
Quoted from Idaho’s enacted code, in full and unedited.
How a refusal is made (1)
An individual may refuse to make an anatomical gift of the individual's body or part by: (a) A record signed by: (i) The individual; or (ii) Subject to subsection (2) of this section, another individual acting at the direction of the individual if the individual is physically unable to sign; (b) The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or (c) Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two (2) adults, at least one (1) of whom is a disinterested witness.
Idaho Code § 39-3407
How it must be witnessed (2)
A record signed pursuant to subsection (1)(a)(ii) of this section must: (a) Be witnessed by at least two (2) adults, at least one (1) of whom is a disinterested witness, who have signed at the request of the individual; and (b) State that it has been signed and witnessed as provided in paragraph (a) of this subsection.
Idaho Code § 39-3407
What an unrevoked refusal does (4)
Except as otherwise provided in section 39-3408(8), Idaho Code, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.
Idaho Code § 39-3407
A revocation is not a refusal (2)
A donor's revocation of an anatomical gift of the donor's body or part under section 39-3406, Idaho Code, is not a refusal and does not bar another person specified in section 39-3404 or 39-3409, Idaho Code, from making an anatomical gift of the donor's body or part under section 39-3405 or 39-3410, Idaho Code.
Idaho Code § 39-3408