Organ donation law in Crown dependencies
Guernsey currently has an ‘opt in’ to organ and tissue donation model. You can do this by joining the NHS Organ Donor Register and sharing your decision with your family. You can also record a decision not to be a donor.
Guernsey’s Human Tissue and Transplantation (Bailiwick of Guernsey) Legislation was enacted in May 2020, which will introduce a deemed consent (opt out) system.
The new law is set to come into force on 1 January 2023, which will mean that if you haven’t recorded a decision about organ donation and you are not in an excluded group, you will be presumed to be in favour of organ donation. This is referred to as deemed consent.
In April 2018 the Jersey States Assembly passed legislation that saw the Island move towards a deemed consent system, but with the ability for individuals to ‘opt out’ if they wish. The new legislation took effect on 1st July 2019.
It is important that you make a decision about organ and tissue donation – to be a donor, or not to donate - and record this on the NHS Organ Donor Register. Make sure you share your decision with your family, as they will still be consulted about organ and tissue donation.
The current legislation in the Isle of Man is to opt in to organ and tissue donation, you can do this by joining the NHS Organ Donor Register. You can also record a decision not to be a donor.
In October 2020, Members of the House of Keys unanimously backed the second reading of the Human Tissue and Organ Donation Bill 2020. On 20 July 2021, the Bill received Royal Assent to become an Act, moving the Island one step closer to an opt out led approach to organ donation consent.
Planning is underway to implement the new law, which will not come into force until a commencement date has been set. The Isle of Man will continue to operate an ‘opt in’ consent system until such time.