At present the next-of-kin of organ donors are consulted prior to removing any organ and their express consent for organ donation is sought.
Work on scoping the parameters of legislation for a Human Tissue Bill is currently being undertaken in my Department. It is envisaged that this Bill will provide for an opt-out system of consent for organ donation. Under the proposed system, consent will be deemed unless the person has, while alive, registered his/her wish not to become an organ donor after death. However, it is proposed that, even though consent is deemed, the next-of-kin will in practice always be consulted prior to removing any organ (“soft” opt-out system). The aim is to make organ donation the norm in situations where the opportunity arises.