Karen's Law: create an "opt-out" system in the United States

The United States and many other countries all use what is commonly referred to as the “opt-in” organ donation system, in which individuals have to sign up to become a donor before their death, and then the final decision to use the organs from a given individual’s body rests with the potential donor’s family after their death.

Some European countries (including France Belgium, Finland, Denmark, Italy, Spain, Norway and Sweden) have shed the restrictions of the opt-in system in favor of an opt-out system. The opt-out system presumes that all individuals would consent to have their organs used for transplant. Instead of having to go out of one’s way to participate, a person would be presumed a donor (still with the permission of their families) unless they specifically object. This system has been praised massively because of the huge positive impact that it has had on the total pool of potential donors.

In Belgium, for example, only 3-4% opt out, leaving 96-97% of the population still in the pool of potential donors, as compared with the roughly 30% of Americans who are organ donors in the opt-in system we have here. Advocates of the opt-out system point out the enormously increased number of potential donors as one the main benefit. The organ shortage that is faced worldwide would be altered dramatically.

Today, many organs are buried or cremated, when it is possible that they could have been used to save a life. A system of presumed consent would enable those who object to organ donation to have their views respected while at the same time pushing for the maximum possible donation rate from a given population.

The opt-out system would also take some of the enormous amount of pressure off of the grieving families of potential donors. The opt-out system takes this responsibility off of the grieving family and relies on the decision made by the donor himself.