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With effect from the 1st of December 2015 the laws effecting organ donation are going to change for Wales.
Rather than the existing system where people opt in to the organ donor scheme, under the new laws it will be assumed that you are part of the donation scheme, unless you opt out.
The Government will embark on an extensive awareness program about the changes.
This change in Law is possibly the most significant decision made by the Welsh Government.
The new changes to the law are two types of consent, the first in the normal way where people have given consent for a type of organ donation and default consent where people have not registered to opt out.
It will be interesting to see how the system will work in practice, organs cannot be taken unless a family member is present, or a friend of long standing, in these situations the person can object if they know that the deceased would not have given permission, it will then be up to the medical staff to decide if they should take the organs.
Under the new laws if you do not opt out you will have given permission, but we know that this will be missed on quite a few people and if evidence cannot be given that the organs should not be taken, then the medical staff are fully within the law to proceed, however they do have a duty to not increase the relatives distress at this time.
The law will apply to those people that have been resident in Wales for at least 12 months prior to their death; the new law will not apply to those under the age of 18 or those that do not have the ability to make the choice themselves.
Whilst the new law only effects Wales, under the existing system organs from Wales can be used elsewhere in the UK and this will still be the case.
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