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Anatomical gift act · New Jersey

# How to Refuse Organ Donation in New Jersey

In New Jersey 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. N.J. Stat. Ann. § 26:6-83.

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. New Jersey 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 New Jersey 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 New Jersey’s own code.

What New Jersey asks

## What you need to make a refusal in New Jersey

**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.

**New Jersey law**

N.J. Stat. Ann. §§ 26:6-83, 26:6-84

**Statute read**

2026-09-02

Refusal to make anatomical gift · Person other than donor prohibited from making anatomical gift, exceptions

## The statute itself

Quoted from New Jersey’s enacted code, in full and unedited.

How a refusal is made (a.)

> A person may refuse to make an anatomical gift of the person's body or part by: (1) a record signed by: (a) the person; or (b) subject to subsection b. of this section, another individual acting at the person's direction if the person is physically unable to sign; (2) the person's will, whether or not the will is admitted to probate or invalidated after the person's death; or (3) any form of communication made by the person during the person's terminal illness or injury addressed to at least two adults, at least one of whom shall be a disinterested witness.

N.J. Stat. Ann. § 26:6-83

Reads “subject to subsection b”. That subsection is not reproduced here.

What an unrevoked refusal does (d.)

> Except as otherwise provided in subsection h. of section 8 of this act, in the absence of an express, contrary indication by the person set forth in the refusal, a person's unrevoked refusal to make an anatomical gift of the person's body or part shall preclude another individual from making an anatomical gift of the person's body or part.

N.J. Stat. Ann. § 26:6-83

A revocation is not a refusal (b.)

> A donor's revocation of an anatomical gift pursuant to section 6 of this act shall not be deemed to be a refusal and shall not preclude another person as specified in section 4 or section 9 of this act from making an anatomical gift of the donor's body or part.

N.J. Stat. Ann. § 26:6-84

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