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. 2019 Jun 24;19:414. doi: 10.1186/s12913-019-4266-z

Table 2.

Comparison of previous opt-in and new soft out-opt system. Adapted from [11]

Decision Type
Active Passive Family consent Geographical reach Role of family
Former Opt-in system

Register to opt in on the organ donor register

Verbally tell a relative or friend you want or do not want to be a donor

Write telling a relative or friend you want or do not want to be a donor

Nominate a representative to make the decision for you. (Nowhere to record this decision)

Do nothing and remain a non-donor unless your relative gives consent to organ donation. Person under 18, lacks mental capacity UK wide To give assent or agreement or veto for organ donation if their relative has actively opted in, or to make a donation decision on behalf of their relative.
New Opt-Out System in Wales

Register to opt-in on the organ donor register

Verbally tell a relative or friend you want to be a donor

Write telling a relative or friend you want or do not want to be a donor

Register to opt-out on the organ donor register

Appoint a patient representative on the organ donor register to make the decision for you

Do nothing and remain as a donor

(Deemed consent)

Person under 18, lacks mental capacity

Wales only

Welsh citizens have to die in Wales for the soft-opt out to apply. If they die in England the opt-in system applies.

To support the donation decision of their relative made in life.

Clinicians acknowledged that they would not pursue organ donation if the family member refused to support their relative’s donation decision made in life as the family still have a legal right to override their relative’s decision.