Commentary

3.2 Organ transplantation—deemed consent

BURIAL AND CREMATION vol 6(1)
| Commentary

3.2 Organ transplantation—deemed consent

| Commentary

3.2 Organ transplantation—deemed consent

In England, an adult1, in the absence of an express direction or a decision by their representative2, is now3 deemed to give consent under the Human Tissue Act 2004 to the storage and use of their body, together with the removal from the body, storage and use of any permitted material for transplantation4. Consent is not, however, deemed to have been given if a person who stood in a qualifying relationship to the deceased immediately before the death provides information that would lead a responsible person to conclude that the deceased would not have consented5. An

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