Legal Framework

The Transplantation Act (TPG) governs organ donation and organ transplantation in Germany. It is intended to ensure security, transparency and fairness, and to protect every person’s right to self-determination.

In Germany, the opt-in system applies. This means that each person decides for themselves whether or not they want to be an organ donor. This decision is valid even after death, and must be respected.

It is therefore important to document your wishes. Preferably in the organ donation register, on the organ donor card or in an Advance Care Directive. Inform your loved ones of your decision.

The Transplantation Act also prescribes:

• How brain death must be determined
• How patients are placed on waiting lists
• How donor organs are allocated
• How quality and safety are monitored in organ donation and transplantation.

There are independent governing and monitoring bodies for this. They regularly check the work of hospitals, transplant centres, the German Organ Procurement Organization (DSO) and the Eurotransplant donor organ allocation centre.

If in doubt about anything related to organ donation, there is an independent contact point for transplantation medicine (Vertrauensstelle Transplantationsmedizin). Indications of potential irregularities or violations can be reported there.

You can find further information at Transplantation Medicine Contact Point (Vertrauensstelle Transplantations­medizin).