Refusal to make anatomical gift -- Effect of refusal · Kentucky
Kentucky: how to refuse organ donation
If you came here to get off the registry
Is removing the donor designation enough in Kentucky?
Taking your name off the organ donor registry is a revocation. So is removing the designation from your driver’s license. Under Ky. Rev. Stat. § 311.1923, Kentucky 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 Ky. Rev. Stat. § 311.1921 is the section that says so. It has to be signed.
Both provisions are quoted in full below, from Kentucky’s own code.
What Kentucky asks
What you need to make a refusal in Kentucky
- 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.
- Kentucky law
- Ky. Rev. Stat. §§ 311.1921, 311.1923
- 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 Kentucky’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: 1. The individual; or 2. 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.
Ky. Rev. Stat. § 311.1921
How it must be witnessed (2)
A record signed pursuant to subsection (1)(a)2. of this section shall: (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.
Ky. Rev. Stat. § 311.1921
What an unrevoked refusal does (4)
Except as otherwise provided in KRS 311.1923(8), 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.
Ky. Rev. Stat. § 311.1921
A revocation is not a refusal (2)
A donor's revocation of an anatomical gift of the donor's body or part under KRS 311.1919 is not a refusal and does not bar another person specified in KRS 311.1915 or 311.1925 from making an anatomical gift of the donor's body or part under KRS 311.1917 or 311.1927.
Ky. Rev. Stat. § 311.1923