Organ Donation (Deemed Consent) Act 2019

Organ Donation (Deemed Consent) Act 2019 is a significant piece of legislation passed in the United Kingdom that pertains to the system of organ donation within the country. This Act represents a pivotal shift towards an "opt-out" system for organ and tissue donation, aiming to increase the number of organs available for transplantation. It is commonly referred to as the "Max and Keira's Law," named after Max Johnson, a heart transplant recipient, and Keira Ball, a young donor who saved his life.

Overview

The Organ Donation (Deemed Consent) Act 2019 was introduced to address the critical shortage of organ donors in the UK. Prior to this Act, organ donation was based on an "opt-in" system, where individuals had to explicitly express their consent to become donors. However, with the implementation of this Act, all adults in England are considered potential donors unless they have explicitly opted out, are part of an excluded group, or have not lived in England for a sufficient period.

Key Provisions

The Act includes several key provisions aimed at facilitating the organ donation process:

• Deemed Consent: Adults residing in England are presumed to consent to organ and tissue donation upon their death unless they have opted out, are not competent to make such a decision, or are part of an excluded group.
• Excluded Groups: Certain groups are exempt from deemed consent, including individuals under 18, those who lack the mental capacity to understand the new arrangements, visitors or tourists to England, and people who have lived in England for less than 12 months before their death.
• Family Involvement: The Act emphasizes the importance of the family in the donation process. Even if deemed consent applies, the healthcare team will consult the family to ensure that the potential donor's known wishes are honored.

Implementation

The Organ Donation (Deemed Consent) Act 2019 came into effect on May 20, 2020. Its implementation was accompanied by a public awareness campaign to educate the population about the changes and the importance of discussing organ donation preferences with family members.

Impact

The Act is expected to increase the number of organs available for transplantation by reducing the number of potential donors who are lost due to the lack of explicit consent. It aligns with similar "opt-out" systems in other countries, which have shown an increase in donation rates.

Controversies and Ethical Considerations

While the Act has been welcomed by many health organizations and advocacy groups, it has also raised ethical concerns. Critics argue that true consent requires an active decision, and presumed consent may not reflect an individual's wishes. There are also concerns about the potential for family distress if relatives are unaware of the deceased's desire not to donate.

See Also

• Organ transplantation
• Consent
• Healthcare in the United Kingdom