Those excluded from the opt out system
The opt out system will apply to most adults who are resident in Scotland, however it does not apply to certain groups of people.
Who is excluded from the opt out system?
The opt out system applies to most adults who are resident in Scotland, however it does not apply to these groups:
- Children (under the age of 16)
- Adults who lack the capacity to understand the new law and to take the necessary actions
- Adults who have lived in Scotland for less than 12 months before their death
If a person in one of the excluded groups set out by the law dies in a way that means they could donate, and they haven’t already recorded a donation decision, then their closest family member will be asked whether they wish to authorise donation.
Your decision could give someone else a second chance of life. Read inspiring stories from transplant recipients and donor families about the difference donation can make.