Organ and tissue donation law in Scotland

Scotland has an opt out system for organ donation, also known as 'deemed authorisation'.

This system was introduced in March 2021.

What is the opt out system in Scotland?

Under the opt out system, if you die in circumstances where you could become a donor and have not recorded a donation decision, it may be assumed you are willing to donate your organs and tissue for transplantation.

The Human Tissue (Authorisation) (Scotland) Act 2019 was passed by the Scottish Parliament in July 2019. The legislation provides for a 'deemed authorisation' or 'opt out' system of organs and tissue donation for transplantation. The system came into effect on 26 March 2021.

Read about the Human Tissue (Authorisation) (Scotland) Act 2019 on the legislation.gov.uk website

The opt out system will apply to most adults aged 16 and over who are resident in Scotland, but it will not apply to everyone.

See which groups are excluded

Under the new system there will be protections for:

Adults without capacity to understand the deemed authorisation law
Adults who have lived in Scotland for less than 12 months before their death
Children under the age of 16

If a person in one of these groups set out by the law dies in a way that means they could donate, and they haven’t already recorded a donation decision, then their closest family member will be asked whether they wish to authorise donation.

What do you need to do?

You still have a choice if you want to be a donor or not. You can:

register to become a donor (opt in)
register not to become a donor (opt out)
update your existing details or decision

The best way to record your organ donation decision is by registering it on the NHS Organ Donor Register.

If you don't record an organ donation decision it may be assumed that you are willing to become a donor.

It is not possible to nominate an appointed representative to make a donation decision on your behalf under current Scottish law.

Tell your family and friends

Whatever you decide, share your decision with family and friends, as they will always be involved in the donation process.

If you are able to become an organ donor when you die, your family will be asked about your most recent views on organ donation.

It is very important that you discuss your donation decision with your family and friends as knowing what you would want to happen makes it easier for them to honour your decision.

Medical tests and procedures

Get information about routine tests and procedures

As part of the donation process, certain routine medical tests and procedures may be carried out shortly before death. These can only take place if they will help doctors to check that transplantation is likely to be safe, successful and a suitable match for somebody on the transplant waiting list. Without these tests donation may not be able to proceed.

These typically include blood tests, urine tests and x-rays. These are a routine part of the donation process and if you haven’t opted out of donation it will be assumed that you are willing for them to be carried out. These medical tests and procedures will always be discussed with your family before they are carried out.

On very rare occasions there may be a need to carry out further, more invasive medical tests and procedures, but only if the routine medical tests and procedures would not give enough information for a safe and successful transplant.

However, it won’t be assumed that you agree to these procedures, which means they will only go ahead with your family’s agreement.

More information about what these tests and procedures involve

More about organ donation in Scotland

More information about how organ donation works in Scotland is available on the Organ Donation Scotland Website.

What is organ donation?

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