Transplantation (Authorisation of Removal of Organs etc.) (Scotland) Bill

# Transplantation (Authorisation of Removal of Organs etc.) (Scotland) Bill Scotland's organ donation system has traditionally operated on an "opt-in" basis, requiring explicit consent from donors or their families before organs could be removed for transplantation. This approach results in relatively low donation rates compared to other European countries that use "opt-out" systems, where organ donation is presumed unless individuals actively register an objection. The shortage of available organs limits the number of life-saving transplants that can be performed in Scotland, creating a clinical and ethical imperative to explore legislative changes that could increase donation rates while maintaining appropriate safeguards and respecting individual autonomy. The bill proposes to introduce a soft opt-out system (also termed "presumed consent with a right to refuse"), whereby organs would be deemed available for transplantation unless a person has previously registered an objection or is known to have expressed unwillingness to donate during their lifetime. Key provisions would establish a national register allowing individuals to record their preference against donation, require healthcare professionals to make reasonable efforts to identify and respect such preferences, and maintain consultation with close relatives. The bill attempts to balance increased organ availability with individual choice and family involvement. As a Member's Bill rather than Government legislation, its passage would depend on securing sufficient parliamentary support, and its implementation would require coordination with NHS Scotland and development of the necessary registration infrastructure and clinical protocols.

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