ABSTRACT
Live organ donation is governed by both the common law and statute. The current method adopted in the UK refers to as opt-in or express consent since it is necessary to take a positive step to donate organs on death by expressly indicating an intention to do so. One way of potentially increasing the rates of organ donation in the UK is to introduce presumed consent or opt-out. In 2008 the Organ Donation Taskforce reported on the potential drawbacks of introducing presumed consent in the UK. Human Tissue Act 2004 was enacted to provide a consistent legislative framework relating to the whole body donation and the taking, storage and use of human organs and tissue. The Act also hoped to restore public confidence in relation to the removal of organs. A person who lacks capacity cannot consent to organ donation. An incompetent person may still donate an organ if the court considers it to be in their best interests.
