Legal regulations in Austria

Since 2012 transplantations in Austria are subject to the "Federal law on the transplantation of human organs (OTPG)". Before that it was regulated under the Federal Hospitals Act (KAKug). Austria pursues a presumed-consent policy (opt-out system), i.e. organs, parts of organs or tissue may be removed from a potential donor if they did not object to organ donation during their lifetime. In order to ensure the effective documentation of objections against organ donation, Austria has established an Opting-out registry of persons refusing organ donation ("Widerspruchsregister gegen Organspende"). Besides objections documented in this registry, any other form of declaration of a deceased person’s will regarding post-mortal organ donation, such as an informal document found among the identity papers of the deceased, or an oral declaration made in the presence of family members, is being respected. The Opting-out registry was primarily established for persons who have their permanent residence in Austria. As the retrieval of data from the registry is mainly effected via the Austrian Social Security Number, it is recommended that persons who only stay in Austria for a limited period carry their personal written declaration of will regarding post-mortal organ donation among their identity papers to ensure that their wish is respected in the event of death.

Federal Law on Hospitals and Health Clinics (KAKug) Online Version (German)

Austrotransplant (Austrian Society for Transplantation, Transfusion and Genetics) Online Version (German)

Federal law on the transplantation of human organs (OTPG) Online Version (German)

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