Anatomical gift act · Hawaii

How to Refuse Organ Donation in Hawaii

In Hawaii 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. If you sign it yourself, you do not need witnesses. Once you have refused and not taken it back, no one else can donate your body or any part of it. Haw. Rev. Stat. § 327-7.

If you came here to get off the registry

Is removing the donor designation enough?

Taking your name off the organ donor registry is a revocation. So is removing the designation from your driver’s license. Hawaii 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 Hawaii requires one to be signed. Until you sign one, the decision is still open to someone else.

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

What Hawaii asks

What you need to make a refusal in Hawaii

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.
Hawaii law
Haw. Rev. Stat. §§ 327-7, 327-8
Statute read
2026-09-02

Refusal to make an anatomical gift and effect of refusal · Preclusive effect of an anatomical gift, amendment, or revocation

The statute itself

Quoted from Hawaii’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), 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 other individuals who are at least eighteen years of age, one of whom is a disinterested witness.

Haw. Rev. Stat. § 327-7

Reads “Subject to subsection (b)”. That subsection is not reproduced here.

What an unrevoked refusal does (d)

Except as otherwise provided in section 327-8(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 a body part bars all other persons from making an anatomical gift of the individual's body or the body part.

Haw. Rev. Stat. § 327-7

A revocation is not a refusal (b)

A donor's revocation of an anatomical gift of the donor's body or a body part under section 327-6 is not a refusal and shall not bar another person specified in section 327-4 or 327-9 from making an anatomical gift of the donor's body or a body part under section 327-5 or 327-10.

Haw. Rev. Stat. § 327-8

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