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North Dakota

Refusal to make anatomical gift — Effect of refusal · North Dakota

# North Dakota: how to refuse organ donation

In plain English

In North Dakota 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 subsection 8 of section 23-06.6-07, 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.

N.D. Cent. Code § 23-06.6-06

If you came here to get off the registry

## Is removing the donor designation enough in North Dakota?

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.D. Cent. Code § 23-06.6-07, North Dakota 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.D. Cent. Code § 23-06.6-06 is the section that says so. It has to be signed.

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

Leaving the registry

## How to come off the donor registry in North Dakota

North Dakota’s Department of Transportation handles both the donor designation on your license and the state donor registry. LifeSource manages donation in the state.

- **On your license or ID**Answer no to the donor question on the application at any North Dakota driver license site.
- **On the registry**On the department’s online donor registry form, choose “Please remove my name from the North Dakota Donor Registry.” You need your name, license or ID number, date of birth and the last four digits of your Social Security number, and they must match your driver record. The department mails a letter confirming the change.

LifeSource answers questions at 1-888-5-DONATE.

What North Dakota asks

## What you need to make a refusal in North Dakota

**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 Dakota law**

N.D. Cent. Code §§ 23-06.6-06, 23-06.6-07

**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 North Dakota’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, another individual acting at the direction of the individual if the individual is physically unable to sign; b. The individual's will regardless of whether 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 adults, at least one of whom is a disinterested witness.

N.D. Cent. Code § 23-06.6-06

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 (2)

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

N.D. Cent. Code § 23-06.6-06

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 (4.)

> Except as otherwise provided in subsection 8 of section 23-06.6-07, 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.

N.D. Cent. Code § 23-06.6-06

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 (2.)

> A donor's revocation of an anatomical gift of the donor's body or part under section 23-06.6-05 is not a refusal and does not bar another person specified in section 23-06.6-03 or 23-06.6-08 from making an anatomical gift of the donor's body or part under section 23-06.6-04 or 23-06.6-09.

N.D. Cent. Code § 23-06.6-07

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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