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UK debates ‘presumed consent’ for organ donation - November 17, 2008

Organ donation is a hot topic in the UK at the moment, with the prime minister hinting he could ignore the recommendations of advisors and bring in an ‘opt out’ system.

A new report from the Organ Donation Taskforce did not back a system of presumed consent to organ donations, but PM Gordon Brown said:

While they are not recommending the introduction of a presumed consent system, as I have done, I am not ruling out a further change in the law. If we can't [double the current number of donors to 50%] quickly, then we will return to the proposal I have put forward, which is a presumed consent system.
(Daily Telegraph.)

The taskforce report stated that presumed contend would likely not increase donation rates and could also undermine trust in the health care system (PA).

On the Guardian website, transplant doctors Rafael Matesanz and John Fabre warn that the high donor rates in countries such as France and Spain (which have opt out systems) would not necessarily appear in the UK if such a system were implemented:

The simplistic appeal of presumed consent legislation is that if consent can be presumed, the refusal rate must fall. However, such legislation is designed solely to make assumptions about the wishes of the potential donor. The decision about actual donation always remains with the potential donor's family.

The Guardian’s sister paper The Observer has been running a highly emotive campaign for presumed consent. On Sunday the mother of the child featured in its Donor for Life campaign warned:

Luke will need another kidney transplant in 10 to 15 years time, because that's how long a donated organ lasts for. I hope that by then we will have presumed consent, because otherwise people will keep dying unnecessarily.

The anti lobby have their own advocates, such as Minnette Marrin in the Times:

The thinking behind this is pure socialism. You and all your assets belong to the state to tax, teach, reeducate, redistribute and, generally speaking, harvest as it sees fit. It is an attitude that was tested to destruction in the bitter miseries of the 20th century but, like Dracula, it is mysteriously undead.

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