Written answers
Tuesday, 24 June 2025
Department of Health
Legislative Process
Peadar Tóibín (Meath West, Aontú)
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769. To ask the Minister for Health the reason the opt out register is not live in advance of the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 coming into force; and how do people opt out now. [33739/25]
Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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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 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.
Part 2 of the Act, which commenced on 17 June 2025, provides for the first time, a national legislative framework for organ donation and transplant services in Ireland.
Under the legislation, all adults in Ireland are considered to have agreed to be an organ donor when they die unless they have recorded a decision not to donate on the Relevant Organ Donation Opt-Out Register or are in one of the excluded groups. It is important to reassure people that family members will always be consulted before any action is taken. This is commonly referred to as a soft opt-out system of organ donation.
Section 32 provides that the HSE shall, as soon as practicable after commencement, establish and maintain the Relevant Organ Donation Opt-Out Register. Section 32 commenced on 17 June 2025, and the Register went live on the same day.
For those willing to become an organ donor, no action is required.
Those who object to organ donation, for whatever reason, can record their objection on the new Relevant Organ Donation Opt-Out Register maintained by the HSE. This can be done online at hse.ie/organdonation or by contacting HSE Live on 1800 700 700.
The wishes of those on the Register will be respected in full, and their family will not be approached on the issue of organ donation.
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