Refusal to make anatomical gift; effect of refusal · North Carolina
North Carolina: how to refuse organ donation
If you came here to get off the registry
Is removing the donor designation enough in North Carolina?
Taking your name off the organ donor registry is a revocation. So is removing the designation from your driver’s license. Under N.C. Gen. Stat. § 130A-412.10, North Carolina 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.C. Gen. Stat. § 130A-412.9 is the section that says so. It has to be signed.
Both provisions are quoted in full below, from North Carolina’s own code.
What North Carolina asks
What you need to make a refusal in North Carolina
- 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.
- North Carolina law
- N.C. Gen. Stat. §§ 130A-412.9, 130A-412.10
- Statute read
- 2026-09-02
Refusal to make anatomical gift; effect of refusal · Preclusive effect of an anatomical gift, amendment, or revocation
The statute itself
Quoted from North Carolina’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 body part by: (1) A record signed by: a. The individual; or b. Subject to subsection (b) of this section, 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 adults, at least one of whom is a disinterested witness.
N.C. Gen. Stat. § 130A-412.9
How it must be witnessed (b)
A record signed pursuant to sub-subdivision b. of subdivision (1) of subsection (a) of this section must: (1) Be witnessed by at least two adults, at least one 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 subdivision (1) of this subsection.
N.C. Gen. Stat. § 130A-412.9
What an unrevoked refusal does (d)
Except as otherwise provided in G.S. 130A-412.10(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 body part bars all other persons from making an anatomical gift of the individual's body or body part.
N.C. Gen. Stat. § 130A-412.9
A revocation is not a refusal (b)
A donor's revocation of an anatomical gift of the donor's body or body part under G.S. 130A-412.8 is not a refusal and does not bar another person specified in G.S. 130A-412.6 or G.S. 130A-412.11 from making an anatomical gift of the donor's body or body part under G.S. 130A-412.7 or G.S. 130A-412.12.
N.C. Gen. Stat. § 130A-412.10