Deemed Consent Act 2019. Law Coursework Assignment

Deemed Consent Act 2019
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Cadaveric organ donation has become nearly universally accepted. This has been major because of the provision of explicit consent by the donors when they are still living. This can take place as a formal opt-in or it can be informal were to honor the wishes of a deceased, usually through a discussion with the next of kin. While the arrangement has been successful, there has been an imbalance between the demand and supply of organs for the same purpose. The system of explicit consent has been faced with shortage issues which have prompted individuals to seek an alternative approach to the issue to meet the need. Instead of the opt-in approach, there have been calls to introduce laws validating presumed consent. The move introduces a system for opt-out means to curb the shortage. In England, the stand on organ donations has shifted with the passage of the Organ Donation (Deemed Consent) Act in March 2019, and the roll-out delayed until spring 2020. This article examines the objectives of the act and explores the key arguments on the presumed consent from an ethical point of view.
The meaning of the Act
Organ Donation (Deemed Consent) Bill provides that unless an adult has expressly prohibited being an organ donor, the consent to organ donation in England will be deemed to have been given. The approach is an opt-out system since people are free to “opt-out” of being an organ donor on the basis that they do not consent. In other words, most adults will be considered as organ donors unless they are opt-out. The law provides several options that are available to adults. Firstly, those who do not wish to donate can indicate a wish to opt-out. This means that upon their death, their organs will not be donated for transplant. Secondly, individuals can indicate the willingness to donate to the organ donor register. Once these individuals die, their organs would be automatically donated since they have already consented. Thirdly, adults can nominate another person to decide for them once they die. The last option is doing nothing about it. Once people in this category die, their consent will be deemed. This means it will be assumed that they accepted to be donors after their death. Nonetheless, the following safeguards will be applied. For those who did not opt-out, the family members will be consulted to determine the possibility of any unregistered objection. In the case it is established that the person would not have consented, the donation will be halted. Additionally, the individuals known to object organ donatio...