The initial stage of the Human Tissue Act 2024 has come into effect, meaning every individual will now be viewed as an organ donor unless they actively opt out or belong to what is known as an excluded category, reports RTE.
The new law will implement an opt-out consent model for organ donation and will also permit altruistic living organ donations to individuals not previously known to the donor.
Colin White, National Advocacy and Projects Manager with the Irish Kidney Association, said the updated legal framework treats every person as a “potential organ donor”, reports RTE.
Colin White explained that individuals who do not wish to be considered donors “will have the ability to put their details in the HSE’s opt-out register”.
“In the event of them being identified as a potential organ donor, the family will not be approached and their wishes will be respected,” he said, reports RTE.
In an interview on RTÉ’s News at One, Mr White said anyone who hasn’t opted out will be viewed as having given consent, though he noted that only a small number of deaths — under 1% each year — happen under conditions suitable for organ donation.
“More importantly, the role of the family that we currently have in relation to giving final consent for organ donation to go ahead remains in the legislation,” he said, reports RTE.
“It’s very clearly stated in the legislation that if the individual has not opted out, the medical practitioner must reassure themselves that the family has no objection to organ donation going ahead,” he added, reports RTE.
Mr White urged the public to speak with their family about their personal views on organ donation.
“Empower your family to be your advocate in the event of you being a potential organ donor,” he said, reports RTE.
Mr White said that the legislation by itself wouldn’t drastically transform the organ donation landscape.
“We’ve seen this legislation roll out in other jurisdictions and the general feeling is that, by itself, it’s not a game changer,” he said, reports RTE.
However, he said the Irish Kidney Association regards the legislation as “a very positive piece in the overall jigsaw that makes up organ donation for transplantation”.
He added: “It’s changing the public narrative from querying whether organ donation is something people have considered, to asking the question: is there any reason they’d have to object to organ donation going ahead?,” reports RTE.
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