Ireland has enacted a new opt-out organ donation system.

The Human Tissue (Transplantation, Post-Mortem, Anatomical Examination, and Public Display) Act 2024 was enacted by the President of Ireland Michael D Higgins on 28^th February, 2024, after being formally passed in the Dáil on February 21^st 2024. The Act covers many areas including organ donation and transplantation. Parts of it, including a new ‘opt-out’ organ donation system, came into effect on June 17^th of this year.

It means that people who don’t want to donate organs are expected to let their wishes known, rather than the other way around.

The Human Tissue Act 2024 is a composite piece of legislation that includes provisions around donation and transplantation of organs, tissues, and cells, post-mortem practice and procedures, anatomical examination, and public display of bodies after death. Crucially, it embeds in legislation the idea that consent is the defining principle across all these sensitive areas.

The Act is being commenced on a phased basis, starting with the donation and transplantation of organs, tissues, and cells.

Key features which came into effect from 17^th June 2025:

• A soft opt-out system of consent for organ donation for individuals aged 18 and over;
• The concept of a “designated family member” i.e. the person to be consulted prior to donation of organs and tissues from deceased persons
• A way for people who wish to make a living donation of a kidney to someone they don’t personally know (also known as non-directed altruistic donation).

The first kidney transplant in Ireland took place in 1963. This was followed by the first heart transplant in 1985, the first pancreas transplant in 1992, the first liver transplant in 1993, and the first lung transplant in 2005.

One of the first actions of the Irish Kidney Association (IKA) when it was formed in 1978 was to introduce the kidney donor card, which subsequently became the organ donor card we know today. The association has been at the forefront in the promotion of organ donation for over 45 years, and it has been no different in relation to advocating for legislation in the areas of organ donation and transplantation.

After almost 8,000 organ transplants, the Human Tissue Act 2024 will, for the first time, provide a national legislative framework for operating organ donation and transplant services in Ireland, repealing the almost two centuries old Anatomy Act of 1832.

At any given time, approximately 600 people in Ireland are on waiting lists for organ transplants.

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. Organ donation can save or improve lives. When someone dies, their family decides whether to donate their organs.

It is important to inform your family about your decision regarding organ donation, as they will always be consulted and your wishes should be central to any decision.

 

NB – This is a guide for information purposes only and does not constitute legal advice. If you have an issue requiring legal advice, please contact any of the team at Nolan Farrell & Goff LLP, whose numbers can be found on our website www.nfg.ie, or email info@nfg.ie.