Refusal to make anatomical gift; documentation · South Carolina
South Carolina: how to refuse organ donation
If you came here to get off the registry
Is removing the donor designation enough in South Carolina?
Taking your name off the organ donor registry is a revocation. So is removing the designation from your driver’s license. Under S.C. Code Ann. § 44-43-335, South 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 S.C. Code Ann. § 44-43-330 is the section that says so. It has to be signed.
Both provisions are quoted in full below, from South Carolina’s own code.
What South Carolina asks
What you need to make a refusal in South 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.
- South Carolina law
- S.C. Code Ann. §§ 44-43-330, 44-43-335
- Statute read
- 2026-09-02
Refusal to make anatomical gift; documentation · Amendment or revocation by person other than donor of anatomical gift made by donor
The statute itself
Quoted from South 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 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 while competent during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
S.C. Code Ann. § 44-43-330
How it must be witnessed (B)
A record signed pursuant to subsection (A)(1)(b) 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 item (1).
S.C. Code Ann. § 44-43-330
What an unrevoked refusal does (D)
Except as otherwise provided in Section 44-43-335(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.
S.C. Code Ann. § 44-43-330
A revocation is not a refusal (B)
A donor's revocation of an anatomical gift of the donor's body or part under Section 44-43-325 is not a refusal and does not bar another person specified in Section 44-43-315 or 44-43-340 from making an anatomical gift of the donor's body or part under Section 44-43-320 or 44-43-345.
S.C. Code Ann. § 44-43-335