New Law On "Organ Donation" In Scotland

February 13, 2006
  • A new law to increase the number of organs available for transplant has been passed by MSPs.

    According to the new bill, relatives of a registered organ donor will not have the right to veto the person's wishes.

    Anyone having a donor card or who has their name on the Organ Donor Register will be automatically considered given their authorization for organ donation.

    If a person has not given consent, their family will be asked what their wishes would have been. In the case of a child under 12, permission has to be given by the parents.

    This would mean more transplant operations could take place and more patients can be helped.

    The bill also means that hospital post-mortem examinations will only be carried out with the authorization of the person while still alive or the person's nearest relative.

    Anyone who breaches the law by performing post-mortem tests or retaining organs without authorization will face a substantial fine and the prospect of up to a year in jail.

    HOWEVER The Human Tissue (Scotland) Bill stopped short of "presumed consent, which would have required people to "opt out" of being an organ donor. Presumed consent could have made organ donation more complicated.

    About a fifth of people in Scotland currently carry organ donor cards though 90% of people supported organ donation.

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