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West Virginia

Refusal to make anatomical gift; effect of refusal · West Virginia

# West Virginia: how to refuse organ donation

In plain English

In West Virginia 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 section eight of this article, in the absence of an express, contrary indication set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of his or her body or part bars all other persons from making an anatomical gift of the individual's body or part.

W. Va. Code § 16-19-7

If you came here to get off the registry

## Is removing the donor designation enough in West Virginia?

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 W. Va. Code § 16-19-8, West Virginia 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 W. Va. Code § 16-19-7 is the section that says so. It has to be signed.

Both provisions are quoted in full below, from West Virginia’s own code.

What West Virginia asks

## What you need to make a refusal in West Virginia

**Act**

2006 revision, renumbered by the state

**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.

**West Virginia law**

W. Va. Code §§ 16-19-7, 16-19-8

**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 West Virginia’s enacted code, in full and unedited.

How a refusal is made (a)

> An individual may express his or her refusal to make an anatomical gift of his or her body or body parts by: (1) A record signed by the individual. If the individual is physically unable to sign, another person acting at the direction of the individual may sign if the refusal: (A) Is witnessed and signed by at least two adults, at least one of whom is a disinterested witness, at the request of the individual; and (B) Contains a statement that it has been signed and witnessed as provided in paragraph (A) of this subdivision; (2) The individual's will, regardless of whether the will is admitted to probate or invalidated after the individual's death; or (3) During a terminal illness or injury of the individual, any form of communication made by the individual addressed to at least two adults, at least one of whom is a disinterested witness.

W. Va. Code § 16-19-7

In plain English

Three ways: a signed record, your will, or telling two adults during a terminal illness or injury.

What an unrevoked refusal does (c)

> Except as otherwise provided in section eight of this article, in the absence of an express, contrary indication set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of his or her body or part bars all other persons from making an anatomical gift of the individual's body or part.

W. Va. Code § 16-19-7

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 (c)

> A revocation of an anatomical gift by the donor or by another individual who is authorized to act on behalf of the donor under any section of this article, is not a refusal. Following the revocation, the donor, or any person authorized by any section of this article to act on behalf of the donor before the donor's death, or any person authorized to act on behalf of the decedent after the decedent's death, may subsequently make an anatomical gift of the body or part thereof.

W. Va. Code § 16-19-8

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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