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North Carolina

Refusal to make anatomical gift; effect of refusal · North Carolina

# North Carolina: how to refuse organ donation

In plain English

In North Carolina 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 G.S.

N.C. Gen. Stat. § 130A-412.9

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](https://wearabledocs.com/remove-organ-donor-from-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

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 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

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 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

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 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

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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