Organ donation is one of the most regulated aspects of the healthcare industry, with unique legal considerations. Nearly every state has adopted some version of the Uniform Anatomical Gift Act, which governs who can make an anatomical gift and how it must be documented.[1]
The physical transfer of body parts from a donor to another person via surgery can occur during the donor’s lifetime or at their death. This article focuses on donation at death. If you are considering donating an organ while living, such as a kidney, talk directly to your doctor or a transplant center because that process involves separate medical evaluations.
Although the need for organ donations is exceptionally high worldwide, the supply is often low. Despite an individual’s desire to donate organs, failing to follow the right protocol can render their decision unenforceable.
What You Can Donate
Scientific advancements now allow a single donor to donate organs or tissue to up to 75 recipients.[2] Organ donors can donate their kidneys, liver, heart, lungs, and pancreas, as well as tissue such as bone, skin, tendons, corneas, bone marrow, and stem cells. Even body parts such as hands and feet have been successfully transferred.[3] However, for many organ donations, the transfer must be initiated within 24 hours after the donor’s death. Each potential donor must also be specifically evaluated with respect to the particular organ at issue.
Some people choose to donate their entire body for medical education or scientific research. Because whole-body donation may be incompatible with organ and tissue donation, contact your chosen medical school, anatomical board, or donation program to confirm its requirements. In such instances, the best method is to identify the scientific institute you are interested in donating to and working directly with it. Carefully document your specific intent to donate your remains to science.
Making Your Wishes Known
There are numerous ways to make your wishes regarding organ donation known and increase the likelihood they will be honored. The most effective approach is a comprehensive one that involves registering as a donor, legal planning, and communicating your wishes. The first and most important step is registering as an organ donor, which you can do in two ways:
- Find your state’s unique registry and register online.
- Register at your local Department of Motor Vehicles (your license will then likely state that you are an organ donor).
Next, consider recording your wishes in any applicable estate planning documents, such as your healthcare directive, living will, or other anatomical gift authorization. Because a will may not be reviewed until after donation decisions must be made, it should not be your only method of documenting your wishes. The names and functions of these documents vary by state, but a healthcare directive generally provides medical instructions, appoints a healthcare agent, or both.
Talk with your loved ones, particularly the person you have selected as your healthcare agent, about your decision. Clear communication can prevent uncertainty and help your family provide the necessary information during the donation process. In many states, an adult’s valid donor registration or other legally recognized anatomical gift constitutes legal authorization and generally cannot be overridden by family members.
If you do not register or document your wishes regarding your organ donation, state law generally identifies who may decide after your death. Under the Uniform Anatomical Gift Act, state law sets an order of priority for who can consent to donation on your behalf, typically starting with a spouse, then adult children, parents, and so on, down a list of relatives. That means your organs could still be donated, or the opportunity could still be declined, based on someone else’s judgment.
Schedule an Appointment
As difficult as it is to discuss death and end-of-life decisions, it is not something to put off. Call our office to schedule a virtual or in-person consultation. We are here to help you create a plan so that your wishes are clearly communicated and legally enforceable.
[1] Anatomical Gift Act, Unif. L. Comm’n, https://www.uniformlaws.org/committees/community-home?CommunityKey=015e18ad-4806-4dff-b011-8e1ebc0d1d0f.
[2] How Many People are Organ Donors?, Donor All. (June 16, 2025),
https://www.donoralliance.org/newsroom/donation-essentials/how-many-people-are-organ-donors
[3] Vascular Composite Allograft: What is it?, Donor All. (Oct. 14, 2016), https://www.donoralliance.org/newsroom/donation-essentials/vascular-composite-allograft-what-is-it.