Can an Organ Donor Card be over-riden by my family?

Question

If I hold an organ donor card in the UK and am on the register, but my family refused to let my organs be donated after my death, can they stop the organs being removed?

Answer 1

When you die your body belongs to your next of kin. Even if you donate your body to medical research, the next of kin still has to grant consent before it is taken off to be hacked about by medical students. This means that your next of kin can override your wishes in the matter of organ donation, although pressure will be put on them to respect your wishes.

However, we have yet to see whether proposed changes in the law will make it harder for relatives to say no. http://www.uktransplant.org.uk/ukt/newsroom/statements_and_stances/statements/opt_in_or_out.jsp

Answer 2

When you sign an Organ Donor Card, You are making a legal contract with the relevant organisation.



Legally no one can override your wishes without it going to court.



However, It is policy with the Organ Donor Register (and others like Lifeline Wales etc) to ask permission from the family and if they don't agree then they won't pursue it.



It's a big problem really.........



When I die, if part of me can be used to help someone else live or have a better quality of life then I would like to think that will happen (after all, I won't have any use for them).



The problem comes when someone is grieving they may not be able to bear to make that decision.

Once what has happened has sunk in and they've had time to consider the situation, it's probably too late.



There were recently plans to make people opt out from being a donor rather than opt in but I think this has been since shelved.



The important thing at the end of the day is to let your family know how you feel and why, hopefully this will help them to make the right decision when the time comes.



Hope that helps



Danny

Answer 3

Hello,



(ANS) I think you will find that the REAL answer to this question is that at present an organ donor card is NOT a legally binding document. Its not legally written in blocks of stone as it were, meaning that in UK law it can be over ridden by the wishes of your next of kin or closest family members.



**Thus an organ donor card is in reality an expression of YOUR desire (written in black & white,etc) to allow your organs or body parts to be used for either transplantation or other life enhancing surgery after your death.



**Asking recently bereaved (grieving) relatives or next of kind for permission to remove organs or parts has to be handled extremely carefully & with great sensitivity. I know from direct experience having worked in a large teaching hospital on the ITU were the surgeons used to carry out organ harvesting for liver transplantations.



**It really depends entirely how individual family members and the family group as a whole feel about the organs or parts being removed from a body. Some people see this as a corruption of the body and are against it in principal but others feel that if organs can be taken & used for keeping another alive it should be done at almost all cost.



**Thus its an individual moral or ethical decision to take or not to take but yes! a donor card may be over ridden by the family if they so wish it.



Ivan



(ex database manager ITU, SJUH, Leeds)

Answer 4

If you are over 18 years old, you're family have no say in the matter. I also have a donor card inserted in my driving license in my wallet. It is an excellent idea, as it can save someone's life after a death, when the organs are useless.

Answer 5

At present the Donor Card is merely an expression to your loved ones of your wishes, which you hope will be adhered too. When you die, your body ceases to be your property, and thus your family (next of kin) have the last word. This is why so many organs get wasted, as despite the card, drs do not feel comfortable asking grieving families for body parts.



It is a shame, but their it is!

Answer 6

Caicos Turkey is correct (and his answer is as well-researched as ever).

Your body (and organs) are the legal property of your next of kin and the organ donor card is merely an expreession of your wish but has no legal force whatsoever (at least at present.

Any contrary answers are wrong.

Answer 7

I would think not - as you have written and signed your consent, and I would think that they should obey your wishes - after all it is your body!!! I would just make sure you tell them that's what you want in case the worst ever happens. I do have some friends who lost their 5 year old son in a tragic accident, but he saved 3 other kids lives. This was a great comfort to his family.

Answer 8

If your under aged then yes.

Answer 9

The simple answer is, yes they can.

Answer 10

If you sign all the forms, your family cannot legally override them.. It is like a will.

Answer 11

yes they can cos when you are dead the have the final say on what happens

Answer 12

No. If you are still unhappy, you can donate them now.