Presumed consent model for deceased organ donation in Malaysia: a comparative study / Azman Johari

Malaysia currently employs the opt-in model in obtaining consent for its deceased organ donation programme that may contribute to the low donation rate. Thus, there is a need to explore the presumed consent model in getting consent for deceased organ donation from other countries. This research is a comparative socio-legal study. To answer the three-tier research questions, this research utilising the doctrinal-research method, library-based method and an in-depth interview. Data were collected from primary legal sources, secondary resources and outcome from the interview conducted with relevant policymakers in the Malaysia Ministry of Health. The fundamental part of this research examine and compare the current legal framework on deceased organ transplantation in Malaysia to the legal framework on deceased presumed consent organ transplantation in Singapore, Italy, and England. This research also explores the social factor influencing the implementation of deceased presumed consent organ transplantation in those three countries. Finally, this study proposes a soft type of presumed consent model with the priority scheme model applied in Singapore and the combination of the opt-in and opt-out model of registry applied in Italy and England to be adopted in Malaysia. This study also proposes an amendment to the existing Human Tissue Act 1974 (opt-in) to complement the proposed sui generis presumed consent law.