EVERY person over the age of 18 in Ireland is now considered an organ donor under landmark legislation, which was introduced today.
The Human Tissue Act 2024 Part 2 will see each adult offering to donate their heart, liver, lungs, kidneys and pancreas on their death to patients desperately in need, unless they specifically choose to opt out.
The Act also provides a framework for living donations, allowing people who wish to donate a kidney to one of the approximately 600 people on waiting lists around the country.
In Ireland, comedian Jarlath Regan donated a kidney to his brother in 2017, while former Derry GAA star and pundit Joe Brolly gave a kidney to his friend in 2012.
Celebrity chef Derry Clarke and his wife Sallyanne also donated their son Andrew’s organs after he passed away in 2016 at the age of 16.
Speaking about the new Act, Health Minister Jennifer Carroll MacNeill said: “Consent is the cornerstone of this new law. In commencing Part 2 of this Act, we are hoping to increase the donor pool in Ireland by making organ donation the norm, while always fully respecting the wishes of individuals and their families.”
Here, Michael Doyle looks at how the new legislation will work and what it will mean for every adult in the country.
THE donation of an organ is an incredible gift that is life-changing for the recipient and their families.
Under this new legislation, all adults in Ireland will be considered to have agreed to be an organ donor when they die, unless they have recorded a decision not to donate on the National Organ Donation Opt-Out Register or are in one of the excluded groups.
This is commonly referred to as a soft opt-out organ donation system.
If you are 18 or over, you will be considered to have agreed to be an organ donor when you die, unless you opt out or are in one of the excluded groups.
The excluded groups include people who do not normally live in Ireland or who have lived here for less than a year and people who may not have had the capacity to decide to opt out of organ donation before they died.
This change only applies to organs referred to as relevant organs under the legislation: liver, lung, pancreas, heart or kidney. For all other organs, tissues, or cells, consent will be sought from your family member – as was previously the case.
If you want to be an organ donor, you do not need to take any action.
Consent for organ donation will be presumed unless you have registered your wish not to be an organ donor.
If you do not want to be an organ donor, you can apply to the Relevant Organ Donation Opt-Out Register maintained by the HSE.
If you are on this register, your family will not be asked about organ donation.
Medical criteria and other conditions must still be met to allow donation.
A potential donor has to be in a hospital and maintained on a life support machine before they can become an organ donor.
WHY IS THIS IMPORTANT?
At any given time, approximately 600 people in Ireland are on waiting lists for organ transplants.
Organ donation can save or improve lives and every year, hundreds of people in Ireland have their lives transformed by organ donation.
Adopting an opt-out system of consent for organ donation will bring Ireland in line with international best practice and aims to transform lives by increasing the donor pool in Ireland.
Let your family know your wishes regarding organ donation so they can honour your decision.
Opt-Out: If you do not wish to be an organ donor, you can opt out – see www.hse.ie/organdonation or contact HSE Live on 1800 700 700.
WHAT IS A DESIGNATED FAMILY MEMBER?
The Act sets out who will be considered a “designated family member” – the person who will be consulted regarding consent or confirmation that a deceased person does not object to a donation.
It allows for consent or confirmation of no objection to be obtained from the family member who has been the main point of contact for clinicians in their treatment of the deceased.
NON-DIRECTED ALTRUISTIC DONATION – WHAT IS IT?
This is a new pathway for living donation being introduced by the Human Tissue Act.
A living person who donates an organ to someone they do not know is called a non-directed altruistic donor.
They are donating an organ to someone on a waiting list who needs it.
The Act provides for non-directed altruistic donations by adults only with additional protections and safeguards in place for those wishing to donate.
An Independent Panel will be established which will consider, among other types of donations, applications for non-directed altruistic donations.
Dr Colm Henry, CCO of the HSE said: “The opt-out organ donation system will bring us in line with international best practice. Organ transplantation is one of the great advances in modern medicine.
“It offers a second chance at life to people with life-threatening illnesses or injuries to their vital organs.
“Every year, more than 200 people in Ireland have their lives improved or saved by the gift of organ donation.”
