Oireachtas Joint and Select Committees

Wednesday, 21 June 2023

Select Committee on Health

Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022: Committee Stage

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I will get back to the Deputy with the exact details, but essentially, if somebody opts out, no consent is sought. It does not matter what the family thinks; the person is out. If you have not opted out, you are presumed to have opted in. In that case, there is a hierarchy of family members. If it is your partner, your husband or your wife, then they are the designated family member. They are engaged with and the whole process is explained to them. All the various information laid out in the Bill is provided and they are asked for their consent. If they say "No", the organ donation does not happen. The designated family member can say "No". In the case of a child, it is both parents, if two parents are available. If there is a disagreement between the two parents, and one says "Yes" and the other says "No", the answer is "No". That is how it is set up. There is a hierarchy in terms of family members. I will get the note from the officials for the Deputy, but the default order is husband or wife, parents, brothers, sisters, etc. It is laid out. Whoever the first person is, they can say "No".

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