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

The Human Tissue Act 2024 is a composite piece of legislation that includes provisions around donation and transplantation of organs, tissues, and cells, post-mortem practice and procedures, anatomical examination, and public display of bodies after death. Crucially, it embeds in legislation the idea that consent is the defining principle across all these sensitive areas.

It is important that the changes contained in the Act are brought into operation in a coherent manner. For this reason, the Act is being commenced on a phased basis.

On 17 June 2025, the first phase of changes under this legislation are being brought into operation. These deal with the donation and transplantation of organs, tissues, and cells.

Key features coming into effect from 17 June 2025:

• A soft opt-out system of consent for organ donation for individuals aged 18 and over;
• The concept of a “designated family member” i.e. the person to be consulted prior to donation of organs and tissues from deceased persons
• A way for people who wish to make a living donation of a kidney to someone they don’t personally know (also known as non-directed altruistic donation).

Soft Opt-Out System of Consent - What Does This Mean for You?

If you are 18 or over, you will be considered to have agreed to be an organ donor when you die, unless you opt out or are in one of the excluded groups.

This change only applies to organs referred to as relevant organs under the legislation. There are five relevant organs: liver, lung, pancreas, heart or kidney. For all other organs, tissues, or cells, consent will be sought from your family member – as was previously the case.

Consent is at the heart of this change. It will still be your choice whether you want to be an organ donor.

If you want to be an organ donor, you do not need to take any action.

Consent for organ donation will be presumed unless you have registered your wish not to be an organ donor.

If you do not want to be an organ donor, you can apply to the Relevant Organ Donation Opt-Out Register maintained by the HSE. If you are on this Register, your family will not be asked about organ donation.

Whatever you decide, please let family and friends know your decision, so they can honour it.

Loved ones will continue to be consulted before any action is taken.

Why Is This Important?

At any given time, approximately 600 people in Ireland are on waiting lists for organ transplants.

Adopting an opt-out system of consent for organ donation will bring Ireland in line with international best practice and aims to transform lives by increasing the donor pool in Ireland.

Organ donation can save or improve lives. When someone dies, their family decides whether to donate their organs.

It is important to inform your family about your decision regarding organ donation, as they will always be consulted and your wishes should be central to any decision.

Your Choices

• Inform Your Family: Let your family know your wishes regarding organ donation so they can honour your decision.
• Opt-Out: If you do not wish to be an organ donor, you can opt out through the official website.

Designated Family Member – what does this mean?

A cornerstone of the Human Tissue Act is consent. The Act introduces the concept of the designated family member i.e. the person who will be consulted regarding consent or confirmation of no objection to donation.

The Act sets out who will be considered a “designated family member” and any exceptions.

It allows for consent or confirmation of no objection to be obtained from the family member who has been the main point of contact for clinicians in their treatment of the deceased.

Where this doesn’t apply, the designated family member will be determined by the hierarchy in the Act.

Guidelines around the designated are being developed and will be published on commencement.

Non-directed altruistic donation – what is it?

This is a new pathway for living donation being introduced by the Human Tissue Act.

A living person who donates an organ to someone they do not know is called a non-directed altruistic donor. They are donating an organ for someone on a waiting list who needs it.

The Act provides for non-directed altruistic donation, by adults only with additional protections and safeguards in place for those wishing to donate.

An Independent Panel will be established which will consider, among other types of donations, applications for non-directed altruistic donations.

Further information will be available on this donation pathway once the panel is established.

Background

The Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 was enacted in February 2024.

The Act is a composite piece of legislation that includes provisions on:

• Donation and transplantation of organs, tissues, and cells
• Post-mortem practices and procedures
• Anatomical examination, and
• Public display of bodies after death.

The Act will commence on a phased basis, beginning with the provisions of the Act which concern donation and transplantation of organs, tissues, and cells.

Commencement of the other parts of the Act, which deal with post-mortem practice, anatomical examination, and public display of bodies after death, will follow in due course.