§ Mr. Gordon Wilsonasked the Secretary of State for Scotland if he proposes to introduce legislation to remove doubt about the need to consult next of kin when prospective donors are in possession of kidney donor cards; if he has issued any practice circulars to the regional health boards; and if he will make a statement on current arrangements.
§ Mr. Harry EwingNo. Guidance to health boards on the Human Tissue Act 1961 relating to organ removal was issued on 21 May 1975 and still applies.
Kidneys can be removed legally:
- (a) where it is known that the deceased expressed the request, either in writing or orally, that his/her kidneys be used for therapeutic purposes or for medical education and research. The completed and signed donor card would satisfy this requirement unless there is reason to believe that the request has been withdrawn.
- (b) where the relatives have no objection to the removal, and having made enquiries the person lawfully in possession of the body has no reason to believe that the deceased expressed an objection.
Even where a completed and signed donor card is available, however, it is normal practice for the person in lawful charge of the body to make inquiries of relatives and thus ensure that there is no objection. The next of kin's signature on a donor card can assist in this process.