Refusal to make anatomical gift · New Jersey

New Jersey: how to refuse organ donation

If you came here to get off the registry

Is removing the donor designation enough in New Jersey?

Taking your name off the organ donor registry is a revocation. So is removing the designation from your driver’s license. Under N.J. Stat. Ann. § 26:6-84, New Jersey 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 N.J. Stat. Ann. § 26:6-83 is the section that says so. It has to be signed.

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

What New Jersey asks

What you need to make a refusal in New Jersey

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.
New Jersey law
N.J. Stat. Ann. §§ 26:6-83, 26:6-84
Statute read
2026-09-02

Refusal to make anatomical gift · Person other than donor prohibited from making anatomical gift, exceptions

The statute itself

Quoted from New Jersey’s enacted code, in full and unedited.

How a refusal is made (a.)

A person may refuse to make an anatomical gift of the person's body or part by: (1) a record signed by: (a) the person; or (b) subject to subsection b. of this section, another individual acting at the person's direction if the person is physically unable to sign; (2) the person's will, whether or not the will is admitted to probate or invalidated after the person's death; or (3) any form of communication made by the person during the person's terminal illness or injury addressed to at least two adults, at least one of whom shall be a disinterested witness.

N.J. Stat. Ann. § 26:6-83

How it must be witnessed (B)

A record signed pursuant to subparagraph (b) of paragraph (1) of subsection a. of this section shall: (1) be witnessed by at least two adults, at least one of whom shall be a disinterested witness, who have signed at the request of the person who is making a refusal; and (2) state that it has been signed and witnessed as provided in paragraph (1) of this subsection.

N.J. Stat. Ann. § 26:6-83

What an unrevoked refusal does (d.)

Except as otherwise provided in subsection h. of section 8 of this act, in the absence of an express, contrary indication by the person set forth in the refusal, a person's unrevoked refusal to make an anatomical gift of the person's body or part shall preclude another individual from making an anatomical gift of the person's body or part.

N.J. Stat. Ann. § 26:6-83

A revocation is not a refusal (b.)

A donor's revocation of an anatomical gift pursuant to section 6 of this act shall not be deemed to be a refusal and shall not preclude another person as specified in section 4 or section 9 of this act from making an anatomical gift of the donor's body or part.

N.J. Stat. Ann. § 26:6-84

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