Organ donation law in Northern Ireland has changed

The law around organ donation has changed to an opt-out system.  The law is known as 'Dáithí's Law' and means, in the event that organ donation is a possibility after you die, it will be considered that you agree to being an organ donor unless you choose to opt out or are in an excluded group.

The best way to opt-out is to register a decision not to donate on the NHS Organ Donor Register.

Organ donation is a personal decision and you will still have a choice if you wish to donate or not.

Whatever you decide, please remember to talk to loved ones about your decision so they will know what you would have wanted.

When will the law change?

The new opt-out law came into effect on 1 June 2023, after a year-long programme of public awareness.  We continue to encourage everyone to find out what the law change means, to consider their organ donation decision, to record this decision, and to share it with family and friends.

What does this mean for me?

Under the new law, it is considered that you agree to donate your organs and tissue when you die, unless you have confirmed otherwise, or are from one of the excluded groups.

Excluded groups include:

  • Those under the age of 18
  • People who lack the mental capacity to understand the change in law
  • Visitors to Northern Ireland
  • Temporary residents

You still have the choice about whether or not you want to become a donor. Your family will continue to be consulted, and decisions based on faith and belief will continue to be respected.

The decision will always remain with you, the individual, and your family. Whatever you decide, please let your family know. This will help them to support your decision at a difficult time.

Watch this short video which explains what the new law means

What do I need to do and when?

I do not want to be considered as an organ donor

If you do not want to be considered as an organ donor when you die, you need to opt out on the NHS Organ Donor Register.  You can also let family and friends know that you do not wish to donate.

You can do this at any time up to and after the law changes.

If you have any questions about the law change and wish to speak to a member of the team you can contact the NHSBT dedicated opt-out team on 0300 123 23 23.

Please remember to talk to loved ones about your decision so they know how you feel.

I want to be an organ donor

If you decide you would like to donate your organs or tissue after your death, please record this decision on the NHS Organ Donor Register

You can still register your decision to donate on the NHS Organ Donor Register, to show your support for the ‘gift of life’.  This is a great way to reinforce your donation decision. 

Families will continue to be consulted before donation would proceed, so it's very important to make sure your family are aware of your decision by having a chat - this will help them support your decision at a very difficult time. 

The Organ Donor Register gives you the choice to opt-in, opt-out, withdraw, or amend your decision at any time – it is entirely your decision.  When you register as a donor, you also have the option to specify which organs and tissues you wish to donate: either all organs and tissues or only those you select.  

I am unsure

If you don’t want to make an organ donation decision yourself, or if you have specific instructions, you can appoint someone to make that decision for you.  If you die in circumstances where donation is possible, the person you nominate as your representative will be asked if your organs should be donated.  Download the pdf form to nominate a representative. 

It is important that everyone takes a decision on organ donation - whether that is to donate or not to donate - registers this decision on the Organ Donor Register, and makes this decision known to family and friends.

Why change to an opt-out system?

The aim of the opt-out system is to increase the current rate of consent in the small number of cases in which it is clinically possible for organ donation to proceed after a person’s death.  Doing so will increase the overall number of donors, and ultimately the number of lifesaving organs available for transplantation. This is because, in an opt-in system families, often tell us they say no to donation because they had never discussed it with their loved one.  In the new opt-out system, because you are considered willing to be a donor unless you’ve opted out, it means more families would be willing to support donation even if they haven’t discussed it.

Over 140 people in Northern Ireland are on the transplant waiting list, and sadly each year 10-15 people die waiting for an organ.

It may seem like a lot of people are already on the register, so why do we still have a shortage of organs?

This is because only a small percentage, just 1 in 10, of those who’ve expressed a wish to be a donor will die in the right circumstances for donation to be possible.

Although almost everyone would accept an organ if they needed one, and with the vast majority of people in Northern Ireland supporting organ donation, just 53% of the population of Northern Ireland are registered organ donors.  The opt-out system will make it easier for those who would like to be considered as an organ donor after death to have this decision honoured.