Organ transplantation saves tens of thousands of lives annually worldwide, but the supply of transplantable organs falls far short of demand in almost every country. Two broad regulatory models govern the availability of organs for transplantation: ‘opt-in’ systems, in which a person must actively register their willingness to donate organs after death, and ‘opt-out’ (or ‘presumed consent’) systems, in which a person is presumed willing to donate unless they have explicitly registered their objection.
Countries that have adopted opt-out systems — including Spain, Austria, and Wales — generally report higher rates of organ donation than opt-in countries. Spain, which adopted opt-out in 1979, has consistently been among the world’s leading nations for organ donation rates. Supporters of opt-out argue that most people are willing to donate but simply fail to register under opt-in systems due to inertia. Opponents argue that presumed consent is a violation of bodily autonomy — the principle that individuals should have control over what happens to their bodies.
India operates a voluntary opt-in system under the Transplantation of Human Organs and Tissues Act, 1994 (THOTA). Brain death is recognised as legal death under this Act, enabling organs from brain-dead donors to be transplanted. Despite growing awareness, India’s deceased donor rate remains very low by international standards.