Deceased organ and tissue donation for transplants

The HTA is the regulator for human tissue and organs in the UK. We oversee compliance with the Human Tissue Act 2004. We also oversee compliance with laws that ensure the quality and safety of organs, tissues and cells used for transplantation in the UK.

We also publish Codes of Practice that give professionals advice and guidance.

This page sets out how consent works in each country in the UK, and the choices you can make.

Regardless of where you live in the UK, the NHS Organ Donor Register allows you to record your decision about donating your organs and tissue after you die. The NHS Organ Donor Register allows you to say whether you wish to donate all of your organs and tissue, some of your organs and tissue, or none of your organs and tissue. It also allows you to appoint a representative to make this decision on your behalf after you die. You do not have to register your decision on the NHS Organ Donor Register, it is sufficient for you to tell your family and friends of your decision or put it in writing.

If you do not want to donate your organs or tissue, and do not register your objection, your relatives will be given the opportunity to show evidence that you did not want to donate. You can also appoint a representative(s) to make the decision on your behalf after you die.

If you have registered your decision to donate, there is no legal right for your family to overrule your consent. However, families are involved in sensitive discussions about organ and tissue donation. For further information, please visit the NHS Organ Donation website.

The Organ Donation (Deemed Consent) Act 2019 introduced an ‘opt-out’ system of organ and tissue donation in England otherwise known as Deemed consent. 

The opt out system applies to everyone in England, except for those who are part of what are called excluded groups.

Excluded groups are:

• Those under the age of 18
• People who lack the mental capacity to understand the new arrangements and take the necessary action
• Visitors to England, and those not living here voluntarily
• People who have lived in England for less than 12 months before their death

You can find out more and register your decision to opt-in or opt-out by joining the NHS Organ Donor Register and sharing your decision with your family. If you do not want to record your decision in this way you can simply tell your family and friends of your decision.

The Human Transplantation (Wales) Act 2013 introduced an ‘opt-out’ system of organ and tissue donation in Wales otherwise known as Deemed consent. This means that all adults in Wales are considered to have agreed to be an organ and tissue donor when they die, unless they have recorded a decision not to donate or are in one of the excluded groups.

Excluded groups are:

• Those under the age of 18
• People who lack the mental capacity to understand the new arrangements and take the necessary action
• Visitors to Wales, and those not living here voluntarily
• People who have lived in Wales for less than 12 months before their death

For more information, please visit the Welsh Government’s website.

You can find out more and register your decision to opt-in or opt-out by joining the NHS Organ Donor Register and sharing your decision with your family. If you do not want to record your decision in this way you can simply tell your family and friends of your decision.

The HTA does not oversee consent for deceased organ and tissue donation in Scotland.

The Human Tissue (Authorisation) (Scotland) Act 2019 was passed by the Scottish Parliament in July 2019. The legislation provides for a 'deemed authorisation' or 'opt out' system of organs and tissue donation for transplantation. The system came into effect on 26 March 2021. 

Under the new system there will be protections for:

• Adults without capacity to understand the deemed authorisation law
• Adults who have lived in Scotland for less than 12 months before their death
• Children under the age of 16

If a person in one of these groups set out by the law dies in a way that means they could donate, and they haven’t already recorded a donation decision, then their closest family member will be asked whether they wish to authorise donation. 

You can find out more and register your decision to opt in or opt out by joining the NHS Organ Donor Register and sharing your decision with your family. If you do not want to record your decision in this way you can simply tell your family and friends of your decision.

For more information, please visit Organ Donation Scotland.

For more information on donation in Jersey, Guernsey or the Isle of Man please see the NHSBT website.

On 1 June 2023, the law around organ donation in Northern Ireland was changed to allow more people to save more lives.

The opt out system applies to everyone in Northern Ireland, except for those who are part of what are called excluded groups.

Excluded groups are:

• Those under the age of 18
• People who lack the mental capacity to understand the new arrangements and take the necessary action
• Visitors to Northern Ireland, and those not living here voluntarily
• People who have lived in Northern Ireland for less than 12 months before their death

You can find out more and register your decision to opt-in or opt-out by joining the NHS Organ Donor Register and sharing your decision with your family and friends. If you do not want to record your decision in this way you can simply tell your family and friends of your decision.