March date for new organ donation system

Scotland's opt out system of organ and tissue donation from deceased donors will come into effect on 26 March 2021, the Scottish Government has announced.

Work to implement the Human Tissue (Authorisation) (Scotland) Act 2019 was temporarily halted earlier this year to allow the NHS to respond to the coronavirus pandemic, but it is now planned for next spring.

Under the new law, if an adult does not opt out of donation they will be deemed to have authorised donation for the purposes of transplantation. This will be subject to safeguards to ensure that donation will not go ahead where it would be against the person’s wishes.

Protections will cover:

• adults without capacity to understand deemed authorisation and take the necessary action;
• adults resident in Scotland for less than 12 months before their death;
• children under 16, who will not be subject to deemed authorisation and will only be able to donate if they, or someone on their behalf, explicitly authorises it.

The public information campaign to explain the effect of the change will resume over the coming months.

Organ donation is only possible where the donor has died in hospital, normally in an intensive care unit.

Public Health Minister Joe FitzPatrick commented: "The move to an opt out system is part of a package of measures to continue to improve transplantation rates – and the lives of those for whom the wait continues.

"In Scotland there are an average of more than 500 people waiting for an organ transplant at any one time, so it’s important that we do all we can to save and improve the lives of those on the waiting list.

"Only around 1% of people die in a way that makes organ donation possible, so every opportunity for donation is very precious.

"I would encourage people to continue to make a decision about donation, record their decision on the NHS Organ Donor Register and discuss it with their family and friends so they know what you would want to happen."

People can find out more about the opt out system of organ and tissue donation, and their choices at organdonationscotland.org.