Organ Donation Opt-Out is considered to be very important to the operation of the National Health Service. Therefore, Laura Richardson discusses why Organ Donation Opt-Out is possible and why it is thus deemed to be important . . .

Every day in the UK somebody dies whilst waiting for a transplant due to a severe shortage of organ donors. As of 20th May 2020, a new law came into effect in England to combat the shortage of donors by implementing an “opt-out” system for donors. Every eligible adult in the UK is now considered to have consented to organ donation after death unless they have officially registered with the NHS to refuse donation. For further information regarding organ donation in the UK visit https://www.organdonation.nhs.uk/

Sadly a lack of registered organ donors is not just a problem in England. However, some other countries have tried a different approach in order to change the public opinion of organ donation. One of the most inventive campaigns occurred in 2013 in Brazil; Thane Chiquinho Scarpa made headlines when he publicly decreed that he wanted to be buried with his £310,000 Bentley in order to ‘drive around the afterlife in style’! The announcement caused a public outcry, mainly centring around the amount of good that could be done if the Bentley was donated to charity instead. Despite receiving widespread criticism for his plan, Scarpa even went as far as to hold an extravagant burial service for his Bentley and invited the country’s media to attend. However, as the Bentley was being lowered into its ‘grave’, Scarpa stopped the proceeding and revealed the true intentions behind the spectacle. During a speech at the ceremony, Scarpa stated, “people condemn me because I wanted to bury a million-dollar Bentley, in fact most people bury something a lot more valuable than my car. They bury hearts, livers, lungs, eyes, kidneys. This is absurd. So many people waiting for a transplant and you will bury your healthy organs that will save so many lives.” This publicity event kicked off a week of campaigning in Brazil to try to boost the number of people on the organ donation register.

Despite recent publicity campaigns to drive up donor numbers and remove the stigma from organ donation, many people still find the subject of organ donation uncomfortable and for this reason, you may not want to share your personal views on donation with your loved ones. The opt-out system allows for all eligible persons in England to privately communicate their views through a simple online registration. However, if you have not discussed your choice with your loved ones you may wish to include a letter detailing your wishes within your Will. This will enable your loved ones to understand the decision that you have made and may help them accept your choice, especially if it is different to what they would have expected! If you would like further information regarding organ donation in the UK, or if you would like to make or amend your Will to reflect your wishes, contact Andrew Douglas Wills & Legal services and ask about our fully-remote Will writing service.

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