'Opt Out' Organ Donation: An Ethico-Legal Policy Analysis

A global shortage of organs for transplantation has led to myriad proposals for improving supply. One that has gained significant traction is so-called ‘opt out’, wherein donation becomes the default, and the burden falls on those who do not want their organs used to formally record this.

Despite widespread uptake, opt out models are far from flawless. They have, in their theoretical form, been criticised for masquerading as informed consent and inadequately involving families in decisions. ...