All adults to be considered an organ donor under new organ donation framework

The Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 (“the Act”) will for the first time provide a national legislative framework for operating organ donation and transplant services in Ireland.

From tomorrow, 17 June 2025, every adult (aged 18 and over) will be considered an organ donor when they die, to help save and transform lives. Until 17 June 2025, it will be a decision for an individual’s family as to whether to donate their family members organs.

Under the Act, every adult will be considered to have agreed and/or consented to be an organ donor, when they die, unless they opt out or are in one of the excluded groups. There is therefore no action for individuals to take if they want to be an organ donor, consent will be presumed.

The opt-out system introduced by the Act allows an individual who does not want to be an organ donor to register their wish not to be an organ donor by applying to the Relevant Organ Donation Opt-Out Register (“the Opt-Out Register”) maintained by the HSE. If an individual is on the Opt-Out Register, their family will not be asked about organ donation.

The organ donation framework is only relevant to the following five organs: liver, lungs, pancreas, heart and kidney. For all other organs, tissues or cells, consent will be sought from an individual’s family. It is therefore recommended that individuals inform their family members about their preference regarding organ donation as the family will always be consulted and an individual’s wishes should be central to any decision to donate organs, tissues and cells.

The Act provides for the appointment of a “designated family member” who will be consulted regarding an individual’s consent or confirmation of there being no objection to donation. The Act defines who can be considered a “designated family member” and guidelines in relation in this regard will be published on commencement of the Act.

There were 263 organ transplants in Ireland in 2024 whilst there were approximately 600 people on the organ transplant waiting list in Ireland. It is hoped that by strengthening the organ donation framework the number of available organs for transplant will be increased.

Ireland’s implementation of the opt-out system on 17 June 2025 follows similar moves in the UK and Northern Ireland. The opt-out system was introduced in the UK in May 2020 and, more recently, in Northern Ireland in June 2023.

A copy of the Act can be found here Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024

If you would like any further information or advice, please contact Danielle Sumner from our Healthcare team.

*This information is for guidance purposes only and does not constitute, nor should it be regarded as, a substitute for taking legal advice that is tailored to your circumstances.