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LAST UPDATE | 17 Jun
A NEW LAW called the Human Tissue Act 2024 comes into effect from today, which will introduce an opt-out system of consent for organ donation in Ireland.
People who do not wish to be organ donors will now have to add their name to an opt-out register. If someone’s name is on this register, their next of kin will not be asked about organ donation.
The opt-out register is available on the HSE’s website.
When someone dies and is eligible, the hospital will consult the opt-out register to check their name is not on it.
However, as under the previous system for organ donation, the person’s family will still have to agree to the donation, so the consent of the family is still needed. Guidelines to assist in understanding this process have been published by the HSE.
The new law will formalise the concept of a “designated family member” and will rank these in order, from spouses and civil partners, through siblings, down to friends.
A doctor will not be able to remove a deceased person’s organs unless someone considered a “designated family member” confirms in writing that they have no objection to the donation.
The Department of Health said pathways for living organ donations have been expanded to include non-directed altruistic donation, allowing living donors to donate to the transplantation system rather than to a specific person.
Additionally, the Living Donor Reimbursement Scheme, which allows living donors to claim some loss of earnings and out of pocket expenses directly due to the donation, is being placed on a statutory footing for the first time.
The new act was signed into law more than a year ago, after it garnered wide support from politicians across parties following seven debates, and a series of amendments.
The law on organ donation in Ireland has changed. If you’re aged 18 or over, you’ll be considered a potential organ donor, unless you opt out or are part of an excluded group.
— HSE Ireland (@HSELive) June 17, 2025
If you do not wish to become a donor, you can choose to opt out by adding your name to the opt-out… pic.twitter.com/2HLGlOU5qn
At that time, the Oireachtas was told that the bill is intended to “support and increase organ donation and transplantation in Ireland” by creating a “soft opt-out system of consent”.
“Consent is the cornerstone of this new law,” Minister for Health Jennifer Carroll MacNeill said.
She said the Government is 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”.
“I extend my gratitude to everyone who contributed to shaping and bringing these provisions to life. I encourage everyone to discuss their organ donation wishes with their families.”
Last year, 263 organ transplants took place, including 84 from deceased people and 30 from living donors. The majority were kidney donations.
Only around 1-2% of people who die will be eligible for organ donation.
Yesterday, the Irish Council for Civil Liberties said it had written to Carroll MacNeill expressing concern that the new organ donation system is not fully understood by the public.
“ICCL has been contacted by members of the public who are concerned about and do not fully understand next week’s changes, indicating that the government’s ongoing media campaigns are not reaching a wide enough audience,” a spokesperson for the organisation said.
ICCL called on the Minister to ensure that new guidelines which are to be developed on designated family members are published as quickly as possible, and to ensure that a “far-reaching” information campaign is in place.
Read more details about the new law here.
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