Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024

Consent for organ donation given by designated family member where deemed consent does not apply

19. (1) This section applies to the donation of any organ from a deceased person where deemed consent does not apply in accordance with section 18 .

(2) A registered medical practitioner shall not remove any organ from a deceased person for the purpose of transplantation without appropriate consent.

(3) When seeking appropriate consent from the designated family member for the donation of an organ from a deceased person for the purpose of transplantation, a relevant professional shall, in accordance with the Regulations of 2012 and any guidelines—

(a) subject to Regulation 24(7) of the Regulations of 2012, provide the designated family member with sufficient information, and

(b) inform the designated family member of the effect of subsection (5).

(4) Consent given by a person under this section is given only for the purposes of transplantation.

(5) A designated family member may, at any time up to the commencement of the process for removal, withdraw consent referred to in subsection (2), but such consent cannot be withdrawn once the process of removal has begun.