Consent by adult living donor to removal of tissue
8 Consent by adult living donor to removal of tissue
(1) A person may, by signed writing, consent to the removal from the person's body of tissue for an authorised purpose if the person:
is an adult; and
is of sound mind; and
has been given medical advice about the removal of the tissue.
A consent for the removal of non-regenerative tissue:
must specify the time when the consent is given; and
does not have effect until 24 hours after it is signed.
Notes for section 8
1 The donor's consent may be given by way of an advance consent decision in an advance personal plan. If so, it has effect even if the person loses decision‑making capacity for the removal of the tissue (see the Health Care Decision Making Act 2023).
2 If the donor does not have decision-making capacity, the Health Care Decision Making Act 2023 may permit consent to be given:
(a) in relation to regenerative tissue – by a health care decision maker; or
(b) in relation to any tissue – by NTCAT
This consent has effect as the consent of the donor.
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