The first phase of the 2024 Human Tissue Act is scheduled to begin operation tomorrow. That is, everyone is considered an organ donor, unless they are included in the opt-out or so-called exclusion group.
The Act introduces an opt-out consent system for organ donation, allowing altruistic living organ donation to strangers.
National Advocacy and Project Manager for the Irish Kidney Association said the new law governing the organ donation process considers everyone to be “potential organ donors.”
Colin White said anyone who wants to opt out of donations “have the ability to enter details into the HSE's opt-out register.”
“If they are identified as potential organ donors, the family will not be approached and their hopes will be respected,” he said.
Speaking about the news of RTé in one program, White said anyone who hasn't opted out is deemed to have agreed to organ donation, adding that less than 1% of deaths each year leads to a situation where organ donation is possible.
“More importantly, the family role we currently have in relation to giving final consent to organ donation remains in legislation,” he said.
“The law states very clearly that if an individual has not opted out, practitioners must be reassured that their families will not challenge organ donation,” he added.
White said Irish kidney tissue is urging the public to discuss hopes for organ donation with families.
“If you become a potential organ donor, make sure your family is your advocate,” he said.
White said the law itself is not a major “game changer.”
“We've seen this law unfold in other jurisdictions, but the general sentiment is that it's not a game changer in itself,” he said.
However, he said the Kidney Association would “see it as a very positive part of the overall jigsaw that constitutes organ donation for the transplant.”
He added: “It changes the public narrative, from asking questions, to asking about whether organ donations are something people consider.