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Mississippi

Refusal to make anatomical gift; effect of refusal · Mississippi

# Mississippi: how to refuse organ donation

In plain English

In Mississippi you can refuse to donate by signing a record, in your will, or, during a terminal illness or injury, by telling at least two adults, one of whom has no interest in the decision.

Effect of an unrevoked refusal

> Except as otherwise provided in Section 41-39-115(h), 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.

Miss. Code Ann. § 41-39-113

If you came here to get off the registry

## Is removing the donor designation enough in Mississippi?

Taking your name off the organ donor registry is a revocation. So is [removing the designation from your driver’s license](https://wearabledocs.com/remove-organ-donor-from-license). Under Miss. Code Ann. § 41-39-115, Mississippi 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 Miss. Code Ann. § 41-39-113 is the section that says so. It has to be signed.

Both provisions are quoted in full below, from Mississippi’s own code.

What Mississippi asks

## What you need to make a refusal in Mississippi

**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.

**Mississippi law**

Miss. Code Ann. §§ 41-39-113, 41-39-115

**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 Mississippi’s enacted code, in full and unedited.

How a refusal is made (a)

> An individual may refuse to make an anatomical gift of the individual's body or part by: (1) A record signed by: (A) The individual; or (B) Subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign; (2) The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or (3) 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.

Miss. Code Ann. § 41-39-113

In plain English

Three ways: a signed record, your will, or telling two adults during a terminal illness or injury.

How it must be witnessed (b)

> A record signed pursuant to subsection (a)(1)(B) must: (1) 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 (2) State that it has been signed and witnessed as provided in paragraph (1).

Miss. Code Ann. § 41-39-113

In plain English

Needed only when someone else signs for you because you cannot. Two adult witnesses, one with no stake in the decision.

What an unrevoked refusal does (d)

> Except as otherwise provided in Section 41-39-115(h), 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.

Miss. Code Ann. § 41-39-113

In plain English

Once you have refused and not taken it back, no one else can donate your body or any part of it.

A revocation is not a refusal (b)

> A donor's revocation of an anatomical gift of the donor's body or part under Section 41-39-111 is not a refusal and does not bar another person specified in Section 41-39-107 or 41-39-117 from making an anatomical gift of the donor's body or part under Section 41-39-109 or 41-39-119.

Miss. Code Ann. § 41-39-115

In plain English

Taking back a gift (registry, license) is not the same as refusing. Others may still donate unless you refuse.

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