Opt-out organ transplant law set for 2023

Currently islanders need to opt in to be an organ donor.

But in June 2020 the States agreed to move to an opt-out model.

That means from 1 January next year, unless an islander has formally registered that they do not want to donate their organs, there will be a legal presumption in favour of organ donation, referred to as deemed consent. However, the person’s family will always be consulted.

Health & Social Care president Al Brouard welcomed the news that the law was coming into force, after receiving Royal Assent.

‘An individual who decides to donate their organs in the event of their death can save the lives of up to nine people,’ he said.

‘This is a fantastic gift for those families. I would urge everyone to speak to their family and friends about organ donation so that their views are clearly understood and register those views accordingly. Organ donation remains your choice.’

Islanders can register whether they wish to donate or not on the NHS organ donor register https://www.organdonation.nhs.uk/register-your-decision/

However, from 1 January 2023 if a decision about organ donation is not recorded, and a person is not in a group excluded from opt-out legislation, then it will be considered from this date that a person agrees to be an organ donor.

Children, individuals who lack capacity and those who were not ordinarily resident in the Bailiwick in the 12 months prior to their death are excluded from the deemed consent system.

The change follows similar moves in England, Wales and Scotland.

England adopted the deemed consent model in May 2020.

After the first six months 135 people had donated their organs, after being considered as willing to donate as they had not expressed an organ donation decision during their lifetime.

These donations account for 26% of all donations that took place during the same time period and resulted in a total of 341 organs transplanted.

In Jersey deemed consent legislation took effect in 2019.