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Who does the new system apply to?

Who does the new system apply to?

The new organ donation system will affect everyone over the age of 18 who lives and dies in Wales.

Exemptions

Some people are not covered by the new system.

You must live in Wales voluntarily. So serving members of the armed forces or prisoners will not have their consent deemed.

People who lack the capacity to understand the new system will not have their consent deemed. It doesn’t apply to people who have never had the capacity to understand deemed consent for example people with a severe learning disabilities. It also doesn’t apply to people who have developed a condition that stops them understanding the system such as dementia.

Does the new system apply to me?

You will need to be aged 18 and over and to live in Wales for more than 12 months for deemed consent to apply. It may apply to you if you are:

  • a student
  • a person working in Wales for a specific time, if it’s over 12 months
  • part of the family of serving members of the armed forces and have moved to Wales to live with them.

For most people, it will be clear if they are resident in Wales or consider Wales their home.

Make time to talk to your family about your organ donation decision. It will help you know that your wishes will be carried out and it can help make any decision easier for your family - whether or not you consider Wales your home.

For deemed consent to apply, you will need to live and die in Wales.

You will be treated as though you want to be an organ donor unless:

  • you have registered a decision to be a donor (opted in) or
  • you have registered a decision not to be a donor (opted out) or
  • you have appointed a representative to make a decision about consent on your behalf or
  • you lack capacity to understand the new deemed consent system or
  • you have told someone close to you that you object and they raise this after your death.

 

Related links

What has changed?

On 1 December 2015, Wales became the first UK country to introduce a soft opt-out system for organ and tissue donation.

Why change the system?

In 2014/15, 14 people died in Wales whilst waiting for an organ transplant, as a donor could not be found.

1st December 2015The time when Wales has changed the way you become an organ donor.

days until the way you become an organ donor will change in Wales.

1st December 2015

Register your organ donation decision

The information that you provide is sent securely and directly to NHS Blood and Transplant. You can see their data protection statement on the NHSBT website

 

Letting people know

Letting people know

Make time to talk

Choosing to register a decision can save so many lives, but it’s important to ensure your friends and family know your decisions too.

Read more