Bundesrat renews effort for opt-out organ donation law in Germany

The Bundesrat (Federal Council) has initiated a renewed push for organ donation reform in Germany. On Friday, the chamber of states supported a draft law aimed at introducing the opt-out model (Widerspruchslösung). This change would mean that, in the future, every person would be considered an organ donor unless they explicitly objected during their lifetime.

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Currently, organ donation can only occur if the person explicitly permitted it before death, for example, via an entry on the organ donation card. Organ donation is also possible if relatives give consent. Because of the persistent lack of donor organs, there are repeated calls for a switch to the opt-out model.

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According to the Bundesrat's draft law, the objection must be documented in the Organ Donation Register, via the organ donation card, in a living will, or in another manner. A reason for the objection is not required. If no written objection exists, relatives would be asked whether the person expressed a contrary wish during their lifetime.

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In the case of minors, parents would decide, unless the child has clearly stated their position during their lifetime. For individuals who are unable to comprehend the meaning and scope of organ donation, organ removal would generally not be permitted under the federal states' draft.

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The Bundesrat had already passed an identical initiative to amend the Transplantation Act in 2024. However, this was not dealt with in the Bundestag (Federal Parliament) before the new elections and must now be reintroduced. Last December, the Bundestag did debate a group motion by its members regarding the opt-out model. This motion was not voted on, meaning the initiative would also have to be reintroduced in the current legislative period.

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Former Health Minister Karl Lauterbach (SPD) welcomed the states' initiative on Friday and urged its implementation in the Bundestag. "I hope that the opt-out model can now finally be decided in the German Bundestag. All attempts to improve the willingness to donate without the opt-out model have failed in recent years," Lauterbach told the "Rheinische Post."

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"It simply makes no sense that we actually have enough organs from people willing to donate, but we don't manage to use the organs," Lauterbach added.

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