This is archived web content selected for preservation by The National Archives.
This snapshot was taken on
03/07/2009
.
External links, forms and search boxes may not function within these archived websites.
.
Department of Health

Website of the Department of Health

Please note that this website has a UK government access keys system.

Consent for organ donation

Before organs can be removed, stored or used for transplantation, appropriate consent must be obtained. The Human Tissue Act 2004 covers this area.

The Act came into force on 1 September 2006 in England, Wales and Northern Ireland. There is a separate law for Scotland, the HT (Scotland) Act 2006.

The HT Act makes it lawful for donation from the deceased to take place provided that consent was given by the person prior to their death.

In the absence of their wishes, consent may be obtained from a person nominated by the deceased person, from a family member or a person close to them.

The Human Tissue Authority (HTA) is the official body that oversees the Act. It provides guidance on consent and donation. The HTA is responsible for approving organ donations from living people to ensure that the interests of donors are looked after.

Presumed consent: the debate

Debate has been developing around different systems of consent for organ donation in the UK. In July 2007, the Chief Medical Officer in his 2006 annual report on the state of public health supported the idea of an opt out system with proper safeguards and good public information.

The Prime Minister has called for a public debate on the issue of presumed consent. In recognition of the complex issues and widely differing viewpoints surrounding systems of consent, the Secretary of State for Health, Alan Johnson, asked the Organ Donation Taskforce to look at the range of issues involved in an opt out system of consent taking into account the views of the public and stakeholders on the clinical, ethical, legal and societal issues. Expert Working Groups will advise on these areas.

Additional links

NHS Blood and Transplant - organ donation

At UK Transplant we are doing everything with one focus - to save or improve the lives of thousands of people every year through organ transplantation.

Human Tissue Authority

HTA regulates the removal, storage, use and disposal of human bodies, organs and tissue from the living and deceased.

Access keys