New legislation means all adults in Ireland will be organ donors when they die

Despite the new legislation, family members will always be consulted before any action is taken and if they do not agree, then the donation will not proceed.
New legislation means all adults in Ireland will be organ donors when they die

Eva Osborne

Under new legislation, all adults in Ireland will be considered to have agreed to be an organ donor when they die, unless they have recorded a decision not to donate on the National Organ Donation Opt-Out Register or are in one of the excluded groups.

The HSE has welcomed the Human Tissue Act 2024 Part 2, which now provides a national legislative framework for organ donation and transplant services in Ireland for the first time.

"The donation of an organ is an incredible gift that is life changing for the recipient and their families. Consent is the cornerstone of this new legislation," the HSE said.

Despite the new legislation, family members will always be consulted before any action is taken and if they do not agree, then the donation will not proceed.

Those who do not wish to donate their organs, for whatever reason, and have recorded their objection on the new National Organ Donation Opt-Out Register will have their wishes respected, and their family will not be approached on the issue of organ donation.

The act also provides a framework for living donation and will, for the first time, provide a way for people who wish to donate a kidney to someone they do not personally know, the opportunity to do so.

This is known as non-directed altruistic donation. They are donating an organ for someone on a waiting list who needs it.

Speaking on the register, chief commercial officer at the HSE, Dr Colm Henry, said; “The opt-out organ donation system will bring us in line with international best practice. Organ transplantation is one of the great advances in modern medicine.

"It offers a second chance at life to people with life-threatening illnesses or injuries to their vital organs. Every year, more than 200 people in Ireland have their lives improved or saved by the gift of organ donation.

“At any given time, approximately 600 people in Ireland are on waiting lists for organ transplants. I encourage you to have a conversation with your family or next of kin and let them know your wishes around organ donation.”

National director at HSE Organ Donation Transplant Ireland, Dr Brian O'Brien, added; "Not everyone who dies is a potential organ donor. A donor needs to be in hospital and on a life support machine. All organs donated go to people most in need of a transplant. Consent is at the heart of this change.

“When someone dies, their family must agree to donate their organs. It is important to inform your family and friends about your decision regarding organ donation, as they will always be consulted and your wishes should be central to any decision.

“The act sets out who is considered a “designated family member” and this is usually the family member who has been the main point of contact for clinicians in their treatment of the deceased.

"This is the person who has to provide consent to the organ donation. If no consent is received or no designated family member is found then the donation will not proceed.’’

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