What is the law on organ donation?

Organ donation is when someone decides to give an organ to save or transform the life of someone else. Here we talk about the law on organ donation in the United Kingdom.

You can donate some organs while you are alive, and this is called living organ donation. However, most organ and tissue donations come from people who have died.

This 30-second video from the NHS explains briefly about donating your organs after you die:

What is the law on organ donation?

In the UK, the law in England, Wales, Scotland, and Northern Ireland are all very similar – they all have an ‘opt-out’ system of consent for organ donation. This means that all adults are considered to have agreed to organ donation when they die, unless they have recorded a decision not to donate, or are in an excluded group such as people who lack mental capacity.

‘Opt out’ systems are commonly called deemed or presumed consent. You may also hear it referred to as ’Max and Keira’s Law’ in England.

Andrew describes Max and Keiras Law

The law change stemmed from Max and Keira’s law. So Max was a heart recipient who received a transplant from another child called Keira and their family got together and realised the mass shortage and so many people dying on the waiting list that they ended up campaigning and gonna the government to request the law to be changed to an opt-out system.

And, you know, Max’s life wouldn’t have been saved if it wasn’t for somebody like Keira’s family who took that brave decision to support that and has since gone on to do amazing things.

I think, you know, although the law doesn’t apply to children, it took a child to get the law changed. And that just speaks volumes really. You know, the law only applies in England to people over the age of 18.

But it’s such relatable that, you know, even an adult organs could help a child.

We’re all still people’s children.

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Why were ‘opt-out’ policies introduced across the UK?

There are not enough organs available for people who need transplants. Every year, many people die while waiting for a lifesaving treatment. Even though most people say they support organ donation, sadly many people decline organ donation for their relative when they die.

The ‘opt-out’ system was introduced to make it easier for:

  1. People to express their organ donation decision while they are alive.
  2. Families to support this decision after their loved ones die.

What is the policy on organ donation where you live?

The law and language used differ slightly between the four countries in the UK, but they all share the same principles.

England: The law around organ donation in England changed to an ‘opt-out’ system of consent in 2020. All adults in England are now considered to have agreed to be an organ donor when they die unless they have recorded a decision not to donate or are in one of the excluded groups.

Wales: The law around organ donation in Wales changed to an ‘opt-out’ system of consent in 2015. This means that if you haven’t registered an organ and tissue donation decision, you will be considered to have no objection to becoming a donor.

Scotland: In Scotland, an ‘opt-out’ or ‘deemed authorisation’ system for organ donation came into effect in 2021. Under this system, if you have not recorded a decision, it may be assumed you are willing to donate your organs and tissues for transplantation.

Northern Ireland: In Northern Ireland, the law changed to an ‘opt-out’ system of consent in 2023. This means that for all adults, it will be considered that you agree to become an organ donor when you die unless you op-out or are in one of the excluded groups.

Visit Resources to find out more about the law in your country.

These changes are designed to give each of us control over our organ donation decision while we are alive, instead of leaving the decision to our family after we die.

We now have a “soft opt-out” system, where it is presumed that people are happy to donate their organs after their death unless they have indicated otherwise or registered their decision to opt out. The principle behind the Act is simple: decisions about organ donation rest with individuals to make during their lifetime, and families should feel reassured that they are supporting what their relative wanted after they die. If you are resident in the UK you are expected to make your decision about organ donation while you are alive. Now you can do this in many ways,

You can:

  • Register your decision on the Organ Donation Register
  • Discuss your decision about organ donation with your family and friends.
  • Or you can do nothing and be happy that you are presumed an organ donor.

If you are worried your family or another person would not support your decision, are unsure or would like further information, there is also an option to appoint or nominate a representative.

Most people find the easiest way to ensure their decisions will be upheld is to register on the Organ Donor Register and discuss their decision with their families.

Visit our Resources for links to information that will help you discuss your views, and decisions with your family.

The steps are simple, Get the facts, find a talking point, relax, speak from your heart, talk about your beliefs, and don’t delay. Talk about organ donation today!

Baroness Finlay of Llandaff, a legislator, explains how the system works

I am Baroness Finlay of Llandaff.

I’m a doctor and I’m also in the House of Lords, and I was involved in supporting Welsh government taking through their soft opt-out system.

And I’ve been involved in supporting the legislation as it’s gone through at Westminster for England.

So now we have a soft opt-out system where it’s presumed that people are happy to donate their organs after their death unless they’ve indicated otherwise or registered their decision for opt out.

The principle behind this is simple decisions about organ donation rest with individuals to make during their lifetime, and families can feel reassured that they’re supporting what their relative had wanted when their relative dies if they’re possibly an organ donor.

If you live in the uk, you can be expected to make your decision about organ donation while you are alive, and you can do this in many ways, which are run through now.

You can register your decision on the organ donation register, and there’s a link to it on this site.

You can discuss your decision about organ donation with your family and friends so they know what you want or you can do nothing and be happy that you are presumed to be an organ donor.

Now, if you are worried that your family or another person wouldn’t support your decision or you are unsure or you’d like further information, you can opt to appoint or nominate someone to be your representative.

Most people find the easiest way to ensure their decisions will be respected and upheld is to register on the organ donor register and discuss their decision with their families.

There are resources to help you discuss your views and decisions with your family, and they’re available on the website.

The steps are simple.

Get the facts, talk about it, relax, speak from your heart, talk about your beliefs, and don’t delay.

Talk about organ donation today. Don’t put it off.

It’s simple. Thank you.

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Deceased Organ Donation

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