Organ donation

In Germany the "extended consent solution" is valid for organ donation: the presumed wish of the potential organ donor is confirmed either by a donor card or is presumed to be their wish on the basis of discussions with their next of kin. Even if there is a donor card, the next of kin must always grant their consent. Diagnosis of brain death and the conditions for organ harvesting are regulated precisely. There are harsh penalties for disregarding the law. Further information can be obtained, for example by calling the information line of the Deutsche Stiftung Organtransplantation [German Organ Transplant Foundation] and the Bundeszentrale für gesundheitliche Aufklärung [German Federal Health Information Office] (telephone 0800-90 40 400). Information is available on the internet at www.organspende-info.de.

Every German citizen who is willing to donate organs should always carry a completed donor card. The donor card can state a general willingness to donate organs or that the carrier wishes to donate no organs or only certain organs in case of death. Organ donor cards can be obtained from pharmacies, health authorities, health insurance companies and many doctors’ practices. Donor willingness can naturally be revoked at any time by simply destroying the donor card or by changing the organ donation declaration on the card. Refusal applies over the age of 14 years at the earliest and consent over the age of 16 years. The donor has no influence in principle on who will receive the organs (except in the case of a living donor, which does not arise for heart transplants); transplant centres are obliged by law to maintain strict data protection and to preserve donor anonymity.

Every potential organ donor is treated in intensive care. He is usually admitted to the hospital or intensive care unit in a life-threatening condition after a brain haemorrhage or serious accident. There he is treated with all the means of modern medicine employed to fight for his survival. Brain death is diagnosed by two doctors, who must not belong to a transplant team or transplant centre, only when it is apparent that the brain is irreversibly damaged and has stopped working despite all these efforts. Brain death represents the irreversible extinction of brain functions (thinking, experiencing, feeling) and thus the death of the person. Diagnosis of brain death is made by numerous tests that are stipulated by the German Medical Association in line with current brain research. Relatives who have been informed of the death by the treating doctor and asked for organ donation can take part in the tests of brain death if they wish.