Overview

This bill amends the Human Tissue Act 2004 to introduce an "opt-out" system for organ donation in England. Individuals can register their objection to organ donation; otherwise, consent will be deemed to be given unless certain conditions are met.

Description

The bill introduces an opt-out system for organ donation in England, meaning that adults who die in England will be considered to have consented to organ donation unless they have explicitly registered an objection on a new Organ Transplant Opt-out Register.

Key Provisions:

• Deemed Consent: Unless registered on the opt-out register, consent for organ donation will be assumed for adults who die in England.
• Opt-out Register: A new register will allow individuals to explicitly refuse organ donation.
• Exceptions: The deemed consent does not apply to children, adults who have not been ordinarily resident in England for at least six months, or adults who lacked capacity to understand the implications of deemed consent for a significant period before death. In these cases, express consent is required.
• Family Objection: Close relatives (spouse, parents, children, siblings etc.) can object to donation if they have information suggesting the deceased would not have consented.
• Appointed Representatives: Individuals can appoint a representative to make decisions about organ donation on their behalf.
• Offences: It will be an offence to remove organs without consulting the opt-out register or despite a registered objection.

Government Spending

The bill does not provide specific figures for government spending. However, it will necessitate the creation and maintenance of the Organ Transplant Opt-out Register, along with associated administrative and operational costs.

Groups Affected

• Potential Organ Donors: Adults in England will be affected by the presumed consent unless they actively opt out.
• Families of Deceased Individuals: Families will be able to object to organ donation on behalf of the deceased if they have reason to believe the deceased would have objected.
• Healthcare Professionals: Healthcare professionals will be responsible for consulting the opt-out register and ensuring compliance with the new legislation.
• Organ Transplant Recipients: The bill aims to increase the number of organs available for transplantation, potentially benefiting recipients.

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