Organ Donation Consent Form (UK)

An Organ Donation Consent Form in the United Kingdom records a person's decisions about future medical treatment for use if they later lose the capacity to consent, and is shaped by the Human Tissue Act 2004.

England operates a deemed consent (soft opt-out) system introduced by the Organ Donation (Deemed Consent) Act 2019, which came into force on 20 May 2020 and is informally known as Max and Keira's Law, named after Max Johnson (who received a heart transplant) and Keira Ball (whose family agreed to donate her organs after her death). Under the deemed consent system, all adults in England who have not recorded a decision are treated as having consented to donating their organs and tissues after death, unless they fall within an excluded category. Excluded categories include those who lack the mental capacity to understand the law, those who have lived in England for less than 12 months before their death, and those under 18 years of age.

Wales introduced the Human Transplantation (Wales) Act 2013, which established the first deemed consent (soft opt-out) system in the UK, effective from December 2015. Scotland introduced a similar system under the Human Tissue (Authorisation) (Scotland) Act 2019, effective from 26 March 2021. Northern Ireland retains an opt-in system governed by the Human Tissue Act 2004.

Despite deemed consent in England, Wales, and Scotland, the clinical reality is that transplant teams rely on the family's understanding and support for donation to proceed. NHS Blood and Transplant, the UK-wide organisation responsible for organ transplantation, consistently reports that families who were unaware of their relative's donation wishes are more likely to object to donation. A written personal statement of donation wishes, kept with estate planning documents and discussed with next of kin, significantly increases the likelihood that the donor's wishes will be respected.

The Human Tissue Act 2004 governs the lawful removal, storage, and use of human tissue and organs in England, Wales, and Northern Ireland. Section 3 of the Act provides that appropriate consent must be obtained before activities regulated by the Act are carried out. Under the deemed consent regime, the Human Tissue Act 2004 was amended by the Organ Donation (Deemed Consent) Act 2019 to recognise deemed consent as a form of appropriate consent. The Human Tissue Authority (HTA), established under the Human Tissue Act 2004 and based in London, regulates activities involving human tissue including organ transplantation and inspects establishments licensed for these activities.

A UK Organ Donation Consent Form is needed by any adult in England, Scotland, or Wales who wants to clearly document their specific organ and tissue donation wishes, record any exclusions, confirm their family is aware of their intentions, and supplement their entry on the NHS Organ Donor Register.

The form is particularly needed when a person has specific wishes that differ from a blanket consent to donate all organs and tissues. For example, a person may consent to kidney, liver, lung, and heart donation but wish to exclude eye tissue donation for personal or religious reasons. The NHS Organ Donor Register allows individuals to record specific organ exclusions, but a written personal statement provides an additional layer of documentation that clinical teams and families can reference.

Adults who are completing estate planning documents — a Last Will and Testament, a Lasting Power of Attorney, or an Advance Decision to Refuse Treatment — benefit from creating an Organ Donation Consent Form at the same time. These documents collectively communicate an individual's end-of-life wishes to family members, executors, and medical staff. Solicitors who specialise in wills and estate planning increasingly recommend that clients document their donation wishes alongside their will.

Individuals with strong religious convictions regarding organ donation — whether in favour of donation based on their faith's teachings or opposed to donation for religious reasons — benefit from a written statement that explains the basis for their decision. Members of the Jehovah's Witnesses, Jewish, Muslim, Sikh, Hindu, and Christian communities all have varying degrees of religious guidance on organ donation, and a written personal statement helps clinical teams understand the individual's specific wishes in the context of their beliefs.

Anyone who has previously registered to donate but now wishes to exclude specific organs or tissues, or who has opted out and now wishes to register as a donor, should update their NHS Organ Donor Register entry and create a new written personal statement to confirm consistency across all records.

Parents wishing to document their views on donation on behalf of minor children should be aware that under the Human Tissue Act 2004, the consent of a person with parental responsibility is required for donation from a child who has died. A written statement of the parents' wishes can assist clinical teams in understanding the family's position.

A thorough UK Organ Donation Consent Form must record all information needed to communicate the donor's wishes to the NHS transplant team, clinical staff, and family members, supplementing the NHS Organ Donor Register.

The donor identification section records the donor's full name, date of birth, NHS number (if known), and current address. The NHS number is the unique identifier used by NHS Blood and Transplant to match a deceased patient's record to their NHS Organ Donor Register entry. Including it in a personal statement helps clinical staff confirm the match quickly in time-sensitive situations.

The donation decision section records whether the donor consents to donate all organs and tissues, specific organs and tissues only, or no organs or tissues. For partial consent, the form should specify precisely which organs and tissues are included: heart, lungs, liver, kidneys, pancreas, small bowel (the main transplantable organs), and corneas, skin, bone, tendons, cartilage, heart valves, and blood vessels (transplantable tissues). The Human Tissue Act 2004 and NHS Blood and Transplant's registration system both permit selective consent.

The exclusions section records any organs or tissues the donor does not consent to donate, with the reason if the donor wishes to state one. Common exclusions are based on personal preference, religious conviction, or prior medical history (such as a prior transplant recipient who wishes to exclude their own transplanted organs). Recording the reason, while not legally required, assists clinical teams in understanding and explaining the decision to the family.

The next of kin and emergency contact section records the full name, relationship, and contact telephone number of the donor's next of kin or nominated representative. NHS Blood and Transplant guidance requires transplant coordinators to approach the family before proceeding with donation even where the deceased is registered. Providing accurate next of kin details allows coordinators to make contact without delay.

The family discussion section records whether the donor has discussed their donation wishes with their family and confirms that family members are aware of the content of the statement. NHS Blood and Transplant data consistently shows that family consent rates are higher where the deceased person's wishes were known and discussed in advance.

The registration confirmation section records whether the donor is registered on the NHS Organ Donor Register, the date of registration, and any specific exclusions recorded on the Register. Where the personal statement differs from the Register entry, the discrepancy should be noted and the Register updated online at www.organdonation.nhs.uk or by calling NHS Blood and Transplant.

The signature and date section provides for the donor to sign and date the statement. While a personal statement of organ donation wishes is not a deed and does not require witnessing, a dated signature provides evidence of the donor's intention at a specific point in time and assists in establishing that the statement represents the donor's current wishes. The forms-legal.com Organ Donation Consent Form (UK) template covers the mandatory elements under Human Tissue Act 2004.