Learn about your state's organ donation laws and how you can become a donor.
Updated 5/28/2025
Why Trust Us?
Fact-Checked
Nolo was born in 1971 as a publisher of self-help legal books. Guided by the motto “law for all,” our attorney authors and editors have been explaining the law to everyday people ever since. Learn more about our history and our editorial standards.
Each article that we publish has been written or reviewed by one of our editors, who together have over 100 years of experience practicing law. We strive to keep our information current as laws change. Learn more about our editorial standards.
More than 100,000 people across the United States are currently waiting for donated organs. To be part of the solution to the ongoing need for donated organs and tissues, take the following steps to become a donor after your death.
Becoming an Organ Donor
Most states have similar methods for becoming an organ donor. Below are the typical ways that a person can become a donor.
1. Sign Up on Your State's Organ Donor Registry
To confirm your intention to be an organ donor, begin by registering with the organ donor database for your state. It takes just a few minutes to register online. After your death, medical personnel will search the state donor registry and easily locate your wish to be a donor.
2. Use Your Driver's License to Show You Are an Organ Donor
When you get a new driver's license, you'll be asked whether you would like to be an organ donor. If you say yes, your driver's license will reflect your choice and your information will be forwarded to your state's registry.
3. Include Organ Donation in Your Health Care Power of Attorney
In addition to signing up with your state's organ donor registry and using your driver's license to indicate that you want to be an organ donor, it's a good idea to include your desire to donate in your important estate planning documents, especially your health care power of attorney. (It's not always helpful to include your organ donation wishes in your will, because it might not be found and read until it's too late to donate.) Covering these bases helps to ensure that your wishes will be known and followed.
For additional information about making a health care power of attorney, see Living Wills & Medical Powers of Attorney.
4. Tell Others That You Are an Organ Donor
If you've documented your wishes to be an organ and tissue donor, your wishes must be honored whether or not others agree with your choice (see your state's statute, below). Nevertheless, to avoid confusion or delays, it's important to tell others that you feel strongly about donating your organs. Consider discussing the matter with family members, your health care providers, your clergyperson, if you have one, and close friends.
These conversations are critical because if you don't document your intention to be an organ donor, your next of kin will decide whether or not to donate your organs.
How to Donate Your Whole Body
Many medical schools and other institutions seek donations of whole bodies for research and instruction. You can make arrangements to donate your body to science by directly contacting an interested medical school or whole body donation organization.
For more information about donating your body to science, see the state-specific information in the chart below and review this list of body donation programs in the United States. You can also contact a national whole body donation organization such as Science Care.
If You Don't Want to Be an Organ Donor
If for any reason you feel strongly that you don't want to be an organ donor, you should put those wishes in writing. If you don't, your family members may consent to the donation of your organs after your death.
Write down your instructions in a signed, dated document -- perhaps in your health care power of attorney -- and be sure your family and health care providers know that you choose not to be an organ donor. If they know your wishes, they're legally barred from donating any part of your body.
If You Don't Decide to Be an Organ Donor, Who Will?
If you don't leave instructions about organ donation, state law dictates who will make the decision for you after your death. When a minor dies, the right to decide about organ donation goes to the child's parents. For adults, the right generally goes (in this order) to a person's:
- health care agent (if you named one)
- spouse
- adult children
- parents, and
- siblings.
If the above people aren't available, some state laws allow other people, including more distant relatives, to donate a deceased person's organs (see the state chart below).
If you have any concerns that the right to make decisions about donating your organs would go to a person other than the one you would choose, don't procrastinate. Take the time to document your own decision about organ donation.
Organ Donation Information by State
|
Alabama |
State registry: Legacy of Hope Driver's License Information: Ala. Code § 22-19-70 Right to have wishes honored: Ala. Code § 22-19-167 Right not to donate: Ala. Code § 22-19-166 Who decides: Ala. Code § 22-19-168 Whole body donation: University of Alabama, Science Care |
|
Alaska |
State registry: Life Alaska Driver's License Information: Alaska Driver Manual Right to have wishes honored: Alaska Stat. § 13-52-193 Right not to donate: Alaska Stat. § 13-52-187 Who decides: Alaska Stat. § 13-52-197 Whole body donation: Science Care |
|
Arkansas |
State registry: Donate Life Arkansas Driver's License Information: Arkansas DMV Right to have wishes honored: Ark. Code § 20-17-1208 Right not to donate: Ark. Code § 20-17-1207 Who decides: Ark. Code § 20-17-1209 Whole body donation: Arkansas Colleges of Health Education, Science Care |
|
Arizona |
State registry: Donate Life Arizona Driver's License Information: Organ Donation Program at ADOT Right to have wishes honored: Ariz. Rev. Stat. § 36-847 Right not to donate: Ariz. Rev. Stat. § 36-846 Who decides: Ariz. Rev. Stat. § 36-848 Whole body donation: University of Arizona Willed Body Program |
|
State registry: Donate Life California Driver's License Information: California DMV Right to have wishes honored: California Health & Safety Code § 7150.35 Right not to donate: California Health & Safety Code § 7150.25 Who decides: California Health & Safety Code § 7150.40 Whole body donation: Science Care |
|
|
Colorado |
State registry: Donate Life Colorado Driver's License Information: Colorado Department of Revenue Division of Motor Vehicles Right to have wishes honored: Colo. Rev. Stat. § 15-19-205 Right not to donate: Col. Rev. Stat. § 15-19-207 Who decides: Col. Rev. Stat. § 15-19-209 Whole body donation: Science Care |
|
Connecticut |
State registry: Donate Life Connecticut Driver's License Information: Connecticut Department of Motor Vehicles Right to have wishes honored: Conn. Gen. Stat. § 19a-289g Right not to donate: Conn. Gen. Stat. § 19a-289f Who decides: Conn. Gen. Stat. § 19a-289h Whole body donation: Science Care |
|
Delaware |
State registry: Donate Life Delaware Driver's License Information: Delaware Division of Motor Vehicles Right to have wishes honored: Del. Code tit. 16, § 2711(f) and (g) Right not to donate: Del. Code tit. 16, § 2711(c) and (d) Who decides: Del. Code tit. 16, § 2711(c) Whole body donation: Science Care |
|
District of Columbia |
State registry: Donate Life D.C. Driver's License Information: District of Columbia Department of Motor Vehicles Right to have wishes honored: D.C. Code § 7-1531.07 Right not to donate: D.C. Code § 7-1531.06 Who decides: D.C. Code § 7-1531.08 Whole body donation: Science Care |
|
State registry: Donate Life Florida Driver's License Information: Florida Driver's Handbook Right to have wishes honored: Fla. Stat. § 765.512(b) Right not to donate: Fla. Stat. § 765.512(3) and (4) Who decides: Fla. Stat. § 765.512(2) and (3) Whole body donation: Science Care |
|
|
Georgia |
State registry: Donate Life Georgia Driver's License Information: Georgia Department of Driver Services Right to have wishes honored: Ga. Code § 44-5-146 Right not to donate: Ga. Code § 44-5-145 Who decides: Ga. Code § 44-5-147 Whole body donation: Science Care |
|
Hawaii |
State registry: Legacy of Life Hawaii Driver's License Information: Hawaii Driver's Manual Right to have wishes honored: Haw. Rev. Stat. § 327-8 Right not to donate: Haw. Rev. Stat. § 327-7 Who decides: Haw. Rev. Stat. § 327-9 Whole body donation: Science Care |
|
Idaho |
State registry: Yes! Idaho Organ Donor Registry Driver's License Information: Idaho Driver's Handbook Right to have wishes honored: Idaho Code § 39-3408 Right not to donate: Idaho Code § 39-3407 Who decides: Idaho Code § 39-3409 Whole body donation: Science Care |
|
State registry: Life Goes On Organ Tissue Donor Program Driver's License Information: Illinois Rules of the Road Right to have wishes honored: 755 Ill. Comp. Stat. § 50/5-7 Right not to donate: 755 Ill. Comp. Stat. § 50/5-43 Who decides: 755 Ill. Comp. Stat. § 50/5-5 Whole body donation: Science Care |
|
|
Indiana |
State registry: Donate Life Indiana Driver's License Information: Indiana Driver's Manual Right to have wishes honored: Ind. Code § 29-2-16.1-7 Right not to donate: Ind. Code § 29-2-16.1-6 Who decides: Ind. Code § 29-2-16.1-8 Whole body donation: Science Care |
|
Iowa |
State registry: Iowa Donor Network Driver's License Information: Iowa Department of Transportation Right to have wishes honored: Iowa Code § 142C.3 Right not to donate: Iowa Code § 142C.3 Who decides: Iowa Code § 142C.4 Whole body donation: Science Care |
|
Kansas |
State registry: Donate Life Kansas Driver's License Information: Kansas Driver's Manual Right to have wishes honored: Kan. Stat. § 65-3227 Right not to donate: Kan. Stat. § 65-3226 Who decides: Kan. Stat. § 65-3228 Whole body donation: Science Care |
|
Kentucky |
State registry: Donate Life Kentucky Driver's License Information: Kentucky Driver Manual Right to have wishes honored: Ky. Rev. Stat. § 311.1923 Right not to donate: Ky. Rev. Stat. § 311.1921 Who decides: Ky. Rev. Stat. § 311.1925 Whole body donation: Science Care |
|
Louisiana |
State registry: Donate Life Louisiana Driver's License Information: Louisiana Driver's Guide Right to have wishes honored: La. Rev. Stat. § 17:2354.2 Right not to donate: La. Rev. Stat. § 17:2354.1 Who decides: La. Rev. Stat. § 17:2354.3 Whole body donation: Science Care |
|
Maine |
State registry: Donate Life Maine Driver's License Information: Maine Bureau of Motor Vehicles Right to have wishes honored: Me. Rev. Stat. tit. 22, § 2948 Right not to donate: Me. Rev. Stat. tit. 22, § 2947 Who decides: Me. Rev. Stat. tit. 22, § 2949 Whole body donation: Science Care |
|
Maryland |
State registry: Donate Life Maryland Driver's License Information: Maryland Motor Vehicle Administration Right to have wishes honored: Md. Code Est. & Trusts § 4-506 Right not to donate: Md. Code Est. & Trusts § 4-505 Who decides: Md. Code Est. & Trusts § 4-507 Whole body donation: Science Care |
|
Massachusetts |
State registry: Donate Life New England Driver's License Information: Massachusetts Registry of Motor Vehicles Right to have wishes honored: Mass. Gen. Laws ch. 113A, § 8 Right not to donate: Mass. Gen. Laws ch. 113A, § 7 Who decides: Mass. Gen. Laws ch. 113A, § 9 Whole body donation: Science Care |
|
Michigan |
State registry: Gift of Life Michigan Driver's License Information: Michigan Secretary of State Right to have wishes honored: Mich. Comp. Laws § 333.10108 Right not to donate: Mich. Comp. Laws § 333.10107 Who decides: Mich. Comp. Laws § 333.10109 Whole body donation: Science Care |
|
Minnesota |
State registry: Donate Life Minnesota Driver's License Information: Minnesota Driver's Manual Right to have wishes honored: Minn. Stat. § 525A.08 Right not to donate: Minn. Stat. § 525A.07 Who decides: Minn. Stat. § 525A.09 Whole body donation: Science Care |
|
Mississippi |
State registry: Mississippi Organ Recovery Agency (MORA) Driver's License Information: Mississippi Driver's License Manual Right to have wishes honored: Miss. Code § 41-39-115 Right not to donate: Miss. Code § 41-39-113 Who decides: Miss. Code § 41-39-117 Whole body donation: Science Care |
|
Missouri |
State registry: Donate Life Missouri Driver's License Information: Missouri Driver Guide Right to have wishes honored: Mo. Rev. Stat. § 194.240 Right not to donate: Mo. Rev. Stat. § 194.235 Who decides: Mo. Rev. Stat. § 194.245 Whole body donation: Science Care |
|
Montana |
State registry: Donate Life Montana Driver's License Information: Montana Department of Justice Motor Vehicles Division Right to have wishes honored: Mont. Code § 72-17-201(13) Right not to donate: Mont. Code § 72-17-201(14) Who decides: Mont. Code § 72-17-214 Whole body donation: Science Care |
|
Nebraska |
State registry: Live on Nebraska Driver's License Information: Nebraska Driver's Manual Right to have wishes honored: Neb. Rev. Stat. § 71-4831 Right not to donate: Neb. Rev. Stat. § 71-4830 Who decides: Neb. Rev. Stat. § 71-4832 Whole body donation: Science Care |
|
Nevada |
State registry: Nevada Donor Network Driver's License Information: Nevada Department of Motor Vehicles Right to have wishes honored: Nev. Rev. Stat. § 451.562 Right not to donate: Nev. Rev. Stat. § 451.561 Who decides: Nev. Rev. Stat. § 451.566 Whole body donation: Science Care |
|
New Hampshire |
State registry: New England Donor Services Driver's License Information: New Hampshire Department of Safety Division of Motor Vehicles Right to have wishes honored: N.H. Rev. Stat. § 291-A:8 Right not to donate: N.H. Rev. Stat. § 291-A:7 Who decides: N.H. Rev. Stat. § 291-A:9 Whole body donation: Science Care |
|
New Jersey |
State registry: Donate Life New Jersey Driver's License Information: New Jersey Motor Vehicle Commission Right to have wishes honored: N.J. Stat. § 26:6-84 Right not to donate: N.J. Stat. § 26:6-83 Who decides: N.J. Stat. § 26:6-85 Whole body donation: Science Care |
|
New Mexico |
State registry: New Mexico Donor Services Driver's License Information: New Mexico Motor Vehicle Division Right to have wishes honored: N.M. Stat. § 24-6B-8 Right not to donate: N.M. Stat. § 24-6B-7 Who decides: N.M. Stat. § 24-6B-9 Whole body donation: Science Care |
|
New York |
State registry: Donate Life New York State Driver's License Information: New York Department of Motor Vehicles Right to have wishes honored: N.Y. Pub. Health Law § 4301(1) Right not to donate: N.Y. Pub. Health Law § 4301(2) Who decides: N.Y. Pub. Health Law § 4301(2) Whole body donation: Science Care |
|
North Carolina |
State registry: Donate Life North Carolina Driver's License Information: North Carolina Division of Motor Vehicles Right to have wishes honored: N.C. Gen. Stat. § 130A-412.10 Right not to donate: N.C. Gen. Stat. § 130A-412.9 Who decides: N.C. Gen. Stat. § 130A-412.11 Whole body donation: Science Care |
|
North Dakota |
State registry: Donate Life North Dakota Driver's License Information: North Dakota Department of Transportation Right to have wishes honored: N.D. Cent. Code § 23-06.6-07 Right not to donate: N.D. Cent. Code § 23-06.6-06 Who decides: N.D. Cent Code § 23-06.6-08 Whole body donation: Science Care |
|
Ohio |
State registry: Donate Life Ohio Driver's License Information: Ohio Bureau of Motor Vehicles Right to have wishes honored: Ohio Rev. Code § 2108.08 Right not to donate: Ohio Rev. Code § 2108.07 Who decides: Ohio Rev. Code § 2108.09 Whole body donation: Science Care |
|
Oklahoma |
State registry: LifeShare Donor Registry for Oklahoma Driver's License Information: Oklahoma Driver Manual Right to have wishes honored: Okla. Stat. tit. 63, § 2200.8A Right not to donate: Okla. Stat. tit. 63, § 2200.7A Who decides: Okla. Stat. tit. 63, § 2200.9A Whole body donation: Science Care |
|
Oregon |
State registry: Donate Life Northwest Driver's License Information: Oregon Driver & Motor Vehicle Services Right to have wishes honored: Or. Rev. Stat. § 97.963 Right not to donate: Or. Rev. Stat. § 97.961 Who decides: Or. Rev. Stat. § 97.965 Whole body donation: Science Care |
|
Pennsylvania |
State registry: Donate Life Pennsylvania Driver's License Information: Pennsylvania Driver & Vehicle Services Right to have wishes honored: Pennsylvania Consolidated Statutes § 8611 Right not to donate: Pennsylvania Consolidated Statutes § 8611(b) Who decides: Pennsylvania Consolidated Statutes § 8611(b) Whole body donation: Pennsylvania Consolidated Statutes § 8611(a), Science Care |
|
Rhode Island |
State registry: New England Donor Services Driver's License Information: Rhode Island Division of Motor Vehicles Right to have wishes honored: R.I. Gen. Laws § 23-18.6.1-8 Right not to donate: R.I. Gen. Laws § 23-18.6.1-7 Who decides: R.I. Gen. Laws § 23-18.6.1-9 Whole body donation: Science Care |
|
South Carolina |
State registry: Donate Life South Carolina Driver's License Information: South Carolina Department of Motor Vehicles Right to have wishes honored: S.C. Code § 44-43-335 Right not to donate: S.C. Code § 44-43-330 Who decides: S.C. Code § 44-43-340 Whole body donation: Science Care |
|
South Dakota |
State registry: Donate Life Midwest Driver's License Information: South Dakota Department of Public Safety Right to have wishes honored: S.D. Codified Laws § 34-26-55 Right not to donate: S.D. Codified Laws § 34-26-54 Who decides: S.D. Codified Laws § 34-26-56 Whole body donation: Science Care |
|
Tennessee |
State registry: Donate Life Tennessee Driver's License Information: Tennessee Driver's License Manual Right to have wishes honored: Tenn. Code § 68-30-108 Right not to donate: Tenn. Code § 68-30-107 Who decides: Tenn. Code § 68-30-109 Whole body donation: Science Care |
|
State registry: Donate Life Texas Driver's License Information: Texas Department of Public Safety Driver License Division Right to have wishes honored: Tex. Health & Safety Code § 692A.008 Right not to donate: Tex. Health & Safety Code § 692A.007 Who decides: Tex. Health & Safety Code § 692A.009 Whole body donation: Science Care |
|
|
Utah |
State registry: Yes! Utah Donor Registry Driver's License Information: Utah Driver Handbook Right to have wishes honored: Utah Code § 26B-8-307 Right not to donate: Utah Code § 26B-8-306 Who decides: Utah Code § 26B-8-308 Whole body donation: Science Care |
|
Vermont |
State registry: Donate Life Vermont Driver's License Information: Vermont Driver's Manual Right to have wishes honored: Vt. Stat. tit. 18, § 5250h Right not to donate: Vt. Stat. tit. 18, § 5250g Who decides: Vt. Stat. tit. 18, § 5250i Whole body donation: Science Care |
|
Virginia |
State registry: Donate Life Virginia Driver's License Information: Virginia Department of Motor Vehicles Right to have wishes honored: Va. Code § 32.1-291.8 Right not to donate: Va. Code § 32.1-291.7 Who decides: Va. Code § 32.1-291.9 Whole body donation: Science Care |
|
Washington |
State registry: Donate Life Northwest Driver's License Information: Washington State Department of Licensing Right to have wishes honored: Wash. Rev. Code § 68.64.070 Right not to donate: Wash. Rev. Code § 68.64.060 Who decides: Wash Rev. Code § 68.64.080 Whole body donation: Science Care |
|
West Virginia |
State registry: Donate Life West Virginia Driver's License Information: West Virginia Division of Motor Vehicles Right to have wishes honored: W. Va. Code § 16-19-8 Right not to donate: W. Va. Code § 16-19-7 Who decides: W. Va. Code § 16-19-9 Whole body donation: Science Care |
|
Wisconsin |
State registry: Donate Life Wisconsin Driver's License Information: Wisconsin Department of Transportation Right to have wishes honored: Wis. Stat. § 157.06(8) Right not to donate: Wis. Stat. § 157.06(7) Who decides: Wis. Stat. § 157.06(9) Whole body donation: Science Care |
|
Wyoming |
State registry: Donate Life Wyoming Driver's License Information: Wyoming Department of Transportation Right to have wishes honored: Wyo. Stat. § 35-5-208 Right not to donate: Wyo. Stat. § 35-5-207 Who decides: Wyo. Stat. § 35-5-209 Whole body donation: Science Care |
For More Information
To learn more about organ donation, see the website of the U.S. Department of Health and Human Services at OrganDonor.gov.
Also, learn more about estate planning, organ donation, funerals, and memorials on the Getting Your Affairs in Order section of Nolo.com.
Ready to create your will?
Copyright ©2025 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy, Cookie Policy, and Consumer Health Data Notice.
Your Privacy Choices