Assemblywoman Amy Paulin
Assemblywoman Amy Paulin (D-Westchester) announced that legislation she authored, A.1395/S.3360, has been signed into law by Governor Hochul (Ch. 506 of 2025). The new law expands New York’s anatomical gift statute by allowing a close friend, as defined in the Family Health Care Decisions Act (FHCDA), to authorize organ, eye, or tissue donation on behalf of a deceased individual who left no documented wishes and has no available next of kin.
“This legislation is about ensuring that no opportunity to save a life is lost simply because the person who knew the decedent best wasn’t legally recognized,” said Assemblywoman Paulin. “Close friends often serve as caregivers, decision-makers, and are the people who know an individual’s values more than anyone else. It’s only right that they be trusted with this responsibility when no family member is available.”
New York modernized its anatomical gift laws in 2019 with the passage of the New York Gift Act. However, until now the state remained one of only seven nationwide that still didn’t allow close friends to make posthumous anatomical gifts on behalf of a loved one, despite the FHCDA already recognizing close friends as authorized healthcare decision-makers for living individuals.
“We know organ and tissue donation saves countless lives every year. This seemingly small but meaningful change brings New York in line with 43 states and Washington, D.C., and removes an unnecessary barrier that has prevented some donations from moving forward,” Paulin added. “No New Yorker should be denied the chance to give the gift of life simply because the law doesn’t acknowledge the closest person in their life.”
Under this new law, close friends will be added to the legally prioritized list of individuals permitted to authorize an anatomical gift when a decedent has not made their wishes known and no family members or designated healthcare agents are available. This change ensures equitable treatment of diverse personal relationships and consistency across New York’s public health statutes.
“At Donate Life New York State, we are always looking for ways to strengthen and modernize the state’s organ and tissue donation system and save lives. This year’s amendment to the New York Gift Act does just that,” said Aisha Tator, Executive Director of Donate Life New York State. “We commend State Senator Gustavo Rivera and Assemblywoman Amy Paulin for sponsoring, and the Governor for signing, this crucial legislation that will allow close friends to authorize a donation on their loved one’s behalf if they had not documented the decision. This bill brings the state in line with the majority of the country and will have a tremendous impact on helping heal the more than 8,000 New Yorkers in need of a life-saving transplant.”
“At its heart, this bill honors the relationships that matter most and ensures that every New Yorker has the opportunity to have their wishes respected, whether expressed in advance or through the person who knew them best,” Paulin said. “I am deeply grateful to Governor Hochul for signing this legislation and for her commitment to strengthening New York’s organ and tissue donation system.”
The bill was passed in the State Senate by Senator Gustavo Rivera.
