Organ donation and transplantation: the legal framework

What does the UK law say?

Under the Human Tissue Act 2004, it is a criminal offence to:

• pay for an organ
• receive payment or any other reward for supplying an organ
• seek, initiate, offer, arrange, negotiate or advertise any deal involving payment for an organ, anywhere in the world. 

This applies across England, Wales, and Northern Ireland. Equivalent laws apply in Scotland under the Human Tissue (Scotland) Act 2006.

Anyone convicted of these offences faces up to three years in prison, an unlimited fine, or both.

Is it illegal to buy an organ in the UK?

Yes. Buying or selling an organ is a very serious criminal offence in the UK. If you are a UK national or normally live in the UK, seeking, initiating, offering, arranging, negotiating or advertising any deal involving payment for an organ, anywhere in the world is a criminal offence. 

Does this apply if I go abroad?

Yes. UK law specifically covers acts carried out outside the UK. If you normally live in the UK, travelling to another country to seek, initiate, offer, arrange, negotiate, advertise or buy an organ is a criminal offence under UK law.

UK law also covers human trafficking for the purpose of organ removal. It is a criminal offence under the Modern Slavery Act 2015 to arrange or facilitate the travel of another person with a view to that person being exploited, anywhere in the world.

Why can't you buy an organ?

In the UK, organ donation is built on the principle that it must be a free and voluntary act.

Allowing organs to be bought and sold would put vulnerable people at risk of exploitation. It would also undermine public trust in the donation and transplantation system that thousands of people depend on every year.

What if a doctor finds out I have had a transplant abroad?

If your specialist doctor discovers that you have received an organ transplant outside the UK, they are legally required to tell the Human Tissue Authority (HTA). This applies regardless of whether the transplant was accessed lawfully or not.

The HTA will review the information. If there is reason to believe a crime has been committed, the HTA will pass the case to the police.

How does lawful organ donation work in the UK?

In the UK, all organ donations must go through the proper legal and regulated process:

• Living donation (donating an organ whilst alive) requires approval from the HTA. An independent assessor will meet the donor and recipient to check that the decision is free, voluntary and informed, and not the result of any pressure, coercion or reward.
• Deceased donation (donating after death) is governed by consent. All four UK nations operate an opt-out system. This means that adults who have not recorded a decision to opt out are considered to have consented to donate, unless they fall into an excepted group.

It is still important to record your organ donation decision on the NHS Organ Donor Register. Whatever you decide, it is important to talk to your loved ones so they can support your decision.