This topic is about whether one is automatically considered a donor of tissue and organs after death or whether consent is required beforehand.
On 15 May 2022, the Swiss electorate voted in favor of the extended contradiction solution, which will not come into force before 2024. Currently, the consent solution still applies.
The consent solution requires either the explicit consent of the deceased person or the explicit consent of the relatives on their behalf. Organs, tissues and cells may only be removed from a deceased person if consent for its removal has been given. The consent must be documented. If there is no explicit consent or refusal documented from the deceased person, the next of kin will be approached about the will of the deceased person. If the will of the deceased person is unknown to the next of kin, they must make a decision in the interests of the deceased.
If the deceased person has not documented their will before death and no next of kin can be found, neither organs, nor tissues, nor cells may be removed for donation.
According to the contradiction solution, every deceased person is in principle a donor of organs, tissues and cells. If a person does not wish to be considered de facto a donor after their death, this will must be recorded during their lifetime. If this will is not documented, the relatives also retain the right to refuse the removal of the deceased person’s organs, provided they aware of the deceased’s wishes or there is a presumption that the deceased person would not have consented to the donation.
If the deceased did not record their will during their lifetime, and if there are no next of kin available or accessible, no organs, tissues or cells may be removed for donation.
A donation card should be carried on your person at all times. However, it is also possible to leave it in a given place; in which case it is advisable to inform the relatives of this location. The donation card makes it possible to indicate one's will in a differentiated manner; one can state that one wishes to donate either none, all or only certain tissues or certain organs in the event of one's own death. It is also possible to transfer the decision to a trusted person.
The living will allows you to record your wishes regarding medical measures. It is used in situations in which one can no longer make medical decisions due to a physical incapacity such as an illness or accident. The living will also allows you to record your wishes regarding organ donation.
Information and documents relating to health can be stored electronically. It is also possible to define who may access this information.
If you have any questions regarding organ donation, the consent or contradiction solution in light of the revised law, our lawyers in St. Gallen, Zurich and Frauenfeld will be happy to help you.