These threads never go well.
TBH, so much is being made of the law changing that in fact the most fundamental point is being missed, and that is that it is important to have the conversation with your family as to your wishes in the event of your untimely death.
your next of kin still have the final say on both counts, and next of kin can and do override peoples’ wishes. However there is strong evidence that if the next of kin are aware of your wishes before your death they are more likely to agree to donation of your organs.
Opt out is really a sticking plaster, and there is evidence that it has very little effect on the rate of organ donations, in fact there is evidence that organ donations drop as a result. In countries such as Spain where there is a higher rate of organ donations, that has been attributed to the increased awareness and communication with families by the transplant coordination staff at the time the decision needs to be made. Spain actually went into opt-out in the 1970’s, it’s only very recently that their transplant rates have increased.
I need a heart transplant. In fact I have an appointment at the transplant clinic this week to see whether I am still stable enough not to have to go on to the list yet. But there will come a time when I’m not. I have found the idea of waiting for someone to die so that I can live one day incredibly difficult to come to terms with. If I thought that people were going to have their organs removed against their potential wishes I would think very carefully about whether I wanted to be a part of that. In life we have bodily autonomy, we should be entitled to that in death as well.
Many people will agree that next of kin should have the right to override someone’s wish not to donate, or to simply say yes to donation if they were unaware of that person’s wishes. If you believe that, then you have to also support the opposite in that next of kin shouldn’t be able to override someone’s decision not to donate their organs.
And to pre-empt the posts which will say “if you refuse to donate your organs you shouldn’t be allowed to receive an organ,” fortunately medicine doesn’t work like that. While I think that when you are told you need a transplant there is thought to the person who will have made that decision to donate their organs, in general chat, down the pub, etc it’s not something people think about on a conscious level, because most people don’t think that they will ever have to put that thought into practice. And in truth, they likely won’t. Only 1 in 100 deaths is someone who will be eligible to be an organ donor, and even if they die in such a way that their organs could be donated, many of those organs will be considered to be ineligible for numerous reasons, health complications the person was unaware of/previous lifestyle e.g. if you drink a fair amount there’s a good chance your liver won’t be able to be donated because it won’t be as healthy as it needs to be, and the list goes on.
You are far more likely to need an organ than you are to be in a position to receive one, so the question of whether you would donate your organs is in truth only a hypothetical one for the most part.