The first phase of the Human Tissue Act 2024 is due to come into operation from tomorrow, meaning everybody will be considered an organ donor unless they opt-out or are included in a so-called excluded group.
The act will introduce an opt-out system of consent for organ donation and will allow for altruistic living organ donation to strangers.
The National Advocacy and Projects Manager with the Irish Kidney Association said the new laws governing the process of organ donation consider everybody to be a “potential organ donor”.
Colin White said those who wish to opt-out of donation “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.
Speaking on RTÉ’s News at One programme, Mr White said that anyone who has not opted out will be deemed to have consented to organ donation, adding that less than 1% of deaths annually result in circumstances where organ donation is a possibility.
“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.
“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.
Mr White said the Irish Kidney Organisation is urging the public to discuss their wishes in relation to organ donation with their family.
“Empower your family to be your advocate in the event of you being a potential organ donor,” he said.
Mr White said the legislation on its own would not be a major “game changer”.
“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.
But he said the kidney association “would view it 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?”
