Changing to deemed consent for deceased organ donation in the UK: Should Australia and New Zealand follow?

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dc.contributor.author Manning, Joanna en
dc.date.accessioned 2020-07-14T00:04:56Z en
dc.date.issued 2020-03-01 en
dc.identifier.issn 1320-159X en
dc.identifier.uri http://hdl.handle.net/2292/52432 en
dc.description.abstract During 2020 new legislation in England and Scotland will come into force, which adopts a Welsh reform implemented in 2015, changing the law on deceased organ donation from an “opt-in” regime, based on the explicit consent of the deceased donor during their lifetime or that of their family, to a model of soft, “opt-out,” whereby the deceased’s consent to donate will be “deemed” unless they have registered or made known an objection during their lifetime. This column examines the ethical case for both regimes and analyses the law reform and its implications. A key issue is whether the controversial practice in soft opt-in systems of the family override, even where the deceased had opted in, will continue under the new regime. The sole aim of the law reform is to increase the supply of organs from deceased donors for transplantation to meet ever-increasing demand. Notwithstanding that taskforces in Australia and New Zealand have recently rejected introducing opt-out systems and New Zealand has not yet even introduced a dedicated organ donation register, evidence of increased donation rates following the UK reform may revive an issue which is currently off the reform agenda in this part of the world. en
dc.publisher Thomson Reuters en
dc.relation.ispartofseries Journal of Law and Medicine en
dc.rights Items in ResearchSpace are protected by copyright, with all rights reserved, unless otherwise indicated. Previously published items are made available in accordance with the copyright policy of the publisher. en
dc.rights.uri https://researchspace.auckland.ac.nz/docs/uoa-docs/rights.htm en
dc.title Changing to deemed consent for deceased organ donation in the UK: Should Australia and New Zealand follow? en
dc.type Journal Article en
pubs.issue 3 en
pubs.begin-page 513 en
pubs.volume 27 en
dc.rights.holder Copyright: The author en
pubs.author-url https://catalogue.library.auckland.ac.nz/permalink/f/1v9lq2o/uoa_alma21148159820002091 en
pubs.end-page 526 en
dc.rights.accessrights http://purl.org/eprint/accessRights/RestrictedAccess en
pubs.subtype Article en
pubs.elements-id 804058 en
pubs.org-id Law en
pubs.org-id Faculty Administration Law en
pubs.record-created-at-source-date 2020-06-16 en
pubs.online-publication-date 2020-03-01 en


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