In 2020, England introduced an opt-out system for organ donation with the aim of making it easier for organs to be donated after a person’s death. The Organ Donation (Deemed Consent) Act 2019 assumed that unless someone explicitly opted out, they consented to organ donation.
This change was expected to boost the number of organ donations and, ultimately, save more lives. But research by my colleagues and I reveals a different story. Rather than simplifying organ donation, the law has created more confusion and complications. This may help explain why organ donation rates haven’t recovered from the drop seen during the pandemic.
Before the change in the law, organ donation in England required people to opt in to the system by registering their consent. With the new system, unless adults over the age of 18 opt out, their consent is presumed. The law is however “soft”. Families are supposed to support the decision, but can still override it, if they disagree, without consequence.
