Matthew Yates examines the recent change to the law of organ donation in England in STEP Journal

Matthew’s article was published in STEP Journal Plus, 3 August 2020, and can be seen here.

Matthew Yates, Partner in our Private Client department, explains the implications of the Organ Donation (Deemed Consent) Act 2019, which introduced a significant shift in England’s approach to organ donation.

Previously, individuals had to opt in to donate their organs, but since 20 May 2020, all adults are presumed to have consented unless they explicitly opt out or fall into exempt categories such as minors or those lacking mental capacity.

This change, known as ‘Max and Keira’s Law’, aims to increase the availability of organs for transplant by reversing the burden of decision-making, aligning England with similar systems in Wales and Scotland.

Despite the introduction of deemed consent, families still play a crucial role. Medical teams must consult with next of kin, who can override the presumed consent if they provide compelling evidence that the deceased would not have agreed. This creates a potential conflict between legal presumption and familial opposition, especially in emotionally charged moments.

Matthew advises that clients should clearly record their wishes on the NHS Organ Donation Register and communicate them to loved ones.

While wills and LPAs can reflect these preferences, the immediacy of organ donation decisions means the Register remains the most effective tool for ensuring a person’s intentions are respected.

Read the full article on the STEP Journal website [subscription required].