Dáithí's opt-out organ donation legislation to become law on June 1

Opt-out organ donation legislation will become law in Northern Ireland on 1 June.

Opt-out organ donation legislation will become law in Northern Ireland on 1 June, it has been confirmed.

The law, named after six-year-old Dáithí Mac Gabhann, who is awaiting a heart transplant gained Royal Assent on Tuesday as part of an amendment to the Northerrn Ireland Executive Reform Bill.

The law means from 1 June 2023, all adults in Northern Ireland will be considered potential organ donors unless they choose to opt out or are in an excluded group.

The Department of Health confirmed the date on Wednesday after the bill passed through parliament on Tuesday.

It was added as an amendment to the Northerrn Ireland Executive Reform Bill by the Secretary of State after he had previously said it could only be passed at Stormont.

The law means the majority of people here will have to opt-out of organ donation, rather than opt-in which is the current format.

Those excluded from automatically opting in are:

  • children under 18

  • people who lack the mental capacity to understand the change in law

  • visitors to Northern Ireland and temporary residents

Dáithí’s father, Máirtín Mac Gabhann said: “It was a very proud day for our family and campaign to have Dáithí’s Law included as an amendment on the Executive Formation Bill.

"To hear Dáithí’s name mentioned again, and again, in the House of Commons was something we will treasure forever.

"It was an incredibly difficult couple of weeks to get where we wanted to be, but we are just delighted to be here now and to see that Dáithí’s Law will be in effect by Spring 2023, as planned, is just the cherry on top.

"Dáithí continues to fight every day while he waits for the gift of a new heart, and we hope that this change in law helps make organ donation the norm in society, along with education and further awareness.

"We will never stop spreading the positive message of organ donation, as we hope that one day it will save our Dáithí’s life.” 

Peter May, Permanent Secretary at the Department of Health added: "The 1st of June will mark another important milestone for organ donation in Northern Ireland.

"The new law will strengthen the current legislative framework around organ donation and will increase the current rate of consent in the small number of cases in which it is clinically possible for organ donation to proceed after a person’s death.

"Doing so will increase the overall number of donors, and ultimately the number of lifesaving organs available for transplantation.

“I know that many people in Northern Ireland have campaigned tirelessly to raise awareness of organ donation and I want to commend them for all their work in this area.”

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