HSE welcomes new Human Tissue Act

The HSE welcomes the Human Tissue Act 2024 Part 2 which now provides a national legislative framework for organ donation and transplant services in Ireland for the first time.

The donation of an organ is an incredible gift that is life changing for the recipient and their families.  Consent is the cornerstone of this new legislation.  Under this new legislation, all adults in Ireland will be considered to have agreed to be an organ donor when they die, unless they have recorded a decision not to donate on the National Organ Donation Opt-Out Register or are in one of the excluded groups. This is commonly referred to as a soft opt-out organ donation system.

Family members will always be consulted before any action is taken and if they do not agree, then the donation will not proceed.

Those who do not wish to donate their organs, for whatever reason, and have recorded their objection on the new National Organ Donation Opt-Out Register will have their wishes respected, and their family will not be approached on the issue of organ donation.

The Act also provides a framework for living donation and will, for the first time, provide a way for people who wish to donate a kidney to someone they don’t personally know, the opportunity to do so. This is known as non-directed altruistic donation. They are donating an organ for someone on a waiting list who needs it.

Speaking on the register, Dr Colm Henry, CCO, HSE said:

“The opt-out organ donation system will bring us in line with international best practice. Organ transplantation is one of the great advances in modern medicine. It offers a second chance at life to people with life-threatening illnesses or injuries to their vital organs. Every year, more than 200 people in Ireland have their lives improved or saved by the gift of organ donation. At any given time, approximately 600 people in Ireland are on waiting lists for organ transplants. I encourage you to have a conversation with your family or next of kin and let them know your wishes around organ donation.”

Dr Brian O'Brien, National Director, HSE Organ Donation Transplant Ireland added: "Not everyone who dies is a potential organ donor. A donor needs to be in hospital and on a life support machine. All organs donated go to people most in need of a transplant. Consent is at the heart of this change. 

When someone dies, their family must agree to donate their organs. It is important to inform your family and friends about your decision regarding organ donation, as they will always be consulted and your wishes should be central to any decision.

The Act sets out who is considered a “designated family member” and this is usually the family member who has been the main point of contact for clinicians in their treatment of the deceased. This is the person who has to provide consent to the organ donation. If no consent is received or no designated family member is found then the donation will not proceed.’’

The HSE is running an information campaign to inform the public of the changes around organ donation and how to access the opt-out register.