Albany, NY – A proposal in the New York State Assembly would allow close friends of a deceased person to authorize organ or tissue donation when no relatives or designated agents are available.
Assemblymember Amy Paulin introduced the bill, Assembly A1395, to align New York’s anatomical gift laws with those of most other states and with the state’s Family Health Care Decisions Act.
The measure would amend the Public Health Law to recognize “close friends” as eligible decision-makers for posthumous organ, eye, and tissue donation, joining the current list of family members and authorized representatives.
Expanding who can consent to organ donation
Under existing law, only next of kin, legal guardians, or others formally responsible for a decedent’s remains can consent to an anatomical gift when no prior consent was made. Paulin’s legislation would add close friends—individuals defined in public health law as those with a significant, long-standing relationship with the deceased—to that hierarchy.
The bill also updates provisions governing amendments and revocations of anatomical gifts to ensure consistency across state regulations. Supporters say the change reflects real-world relationships and closes a gap that has at times prevented organ donations from occurring due to lack of qualifying family members.
Bringing New York in line with national standards
According to legislative findings, 43 other states and Washington, D.C. already allow close friends to make organ donation decisions. New York remains one of only seven states without such provisions.
The measure follows earlier modernization efforts, including the New York Gift Act of 2019, which replaced the state’s outdated 1987 Uniform Anatomical Gift Act framework. Lawmakers say the new update would make the state’s donation system more inclusive and consistent with national norms.
Equity and consistency cited as key motives
Paulin emphasized that the proposal ensures equitable treatment for individuals who rely on nontraditional support networks and brings parity between how “close friend” relationships are recognized in medical and posthumous decision-making.
The bill does not impose fiscal costs and would take effect immediately upon becoming law.
Key Points
- The bill allows close friends to authorize organ or tissue donations when no relatives are available.
- New York is one of only seven states that currently exclude close friends from such decisions.
- The measure aligns organ donation rules with the Family Health Care Decisions Act and national standards.