Assemblyman Richard Brodsky, a Westchester Democrat, has introduced a bill aiming to make New York the first state to assume individuals’ willingness to donate their organs unless they explicitly opt out. Presently, consent for organ donation is indicated by checking a box on driver’s licenses or completing a donor card. The proposed legislation comprises two parts: firstly, it would remove the ability of immediate family members to challenge decisions made by their deceased or terminally ill relatives regarding organ donation.
Another measure, which is highly debated, would mandate individuals to specify on official documents like their driver’s licenses if they do not desire to donate organs. If the box is left unchecked, it will be assumed that they have consented to donation.
Considering the ethical and practical aspects, there are concerns regarding modifying the law. The implementation of a “presumed consent” system is believed to have the potential to boost organ supply and save lives. However, there is also a concern that it may discourage public support for donation. It is worth noting that despite 90% of people expressing their support for organ donation, only 31% have actually registered with the NHS Organ Donor Register. This raises an important question: if someone is willing to receive a transplanted organ themselves, why would they not be willing to donate organs in order to save others’ lives? Holding this viewpoint goes against moral standards.
The existing organ donation system, commonly referred to as ‘opt-in’, is inadequate in meeting the demands of patients in need of transplants. The disparity between available organs and patient requirements continues to grow. One potential remedy for this problem would involve implementing a presumed consent system. This approach would consider every individual within the country as having granted permission for organ donation unless they explicitly indicate otherwise through written means.
Implementing this system in Spain and Austria, among other EU countries, could lead to a significant increase in potential donors. This would not only alleviate the decision-making process for family members in difficult times but also streamline the responsibilities of transplant coordinators.
In the UK, there is a proposal to implement a ‘soft opt-out’ organ donation system. This system aims to simplify the process for individuals who do not wish to donate organs by allowing them to express their preferences easily. Additionally, healthcare professionals will make efforts to address any concerns raised by family members. As an organ donor for more than three decades, I have informed my loved ones about my decision to opt-in for organ donation after my death. The introduction of presumed consent would promote discussions within families and enhance clarity regarding everyone’s stance.
