Refusal to make anatomical gift — Effect of refusal · South Dakota
South Dakota: how to refuse organ donation
If you came here to get off the registry
Is removing the donor designation enough in South Dakota?
Taking your name off the organ donor registry is a revocation. So is removing the designation from your driver’s license. Under S.D. Codified Laws § 34-26-55, South 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 S.D. Codified Laws § 34-26-54 is the section that says so. It has to be signed.
Both provisions are quoted in full below, from South Dakota’s own code.
Leaving the registry
How to come off the donor registry in South Dakota
In South Dakota the donor indicator is placed on your license or ID when you apply for it. LifeSource manages the Donate Life South Dakota registry website.
- On your license or IDOn the driver license or ID application, write “remove” where it asks about donation, and initial it.
- On the Donate Life South Dakota websiteIf you signed up at the Donate Life South Dakota website, coming off it is a separate step, taken with LifeSource, which manages it.
LifeSource answers questions at 1-888-5-DONATE.
What South Dakota asks
What you need to make a refusal in South 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.
- South Dakota law
- S.D. Codified Laws §§ 34-26-54, 34-26-55
- 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 South Dakota’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 during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
S.D. Codified Laws § 34-26-54
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 paragraph (1).
S.D. Codified Laws § 34-26-54
What an unrevoked refusal does (d)
Except as otherwise provided in § 34-26-55(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.D. Codified Laws § 34-26-54
A revocation is not a refusal (b)
A donor's revocation of an anatomical gift of the donor's body or part under § 34-26-53 is not a refusal and does not bar another person specified in § 34-26-51 or 34-26-56 from making an anatomical gift of the donor's body or part under § 34-26-52 or 34-26-57.
S.D. Codified Laws § 34-26-55