How to donate your body to science in Scotland
Ledingham Chalmers Solicitors
Straightforward, specialist legal advice that works: for you; your family; your business.
Commentary from Hannah Patience, trainee solicitor.
Scotland has an “opt-out” organ and tissue donation system.
This means if your body is eligible when you die, your consent for organ or tissue donation is a given unless you make a specific request to the contrary before you die.
How does that work if you’re keen to donate your body to science?
It’s a conflict. You can’t do both. You can’t donate your body if organs or tissue have been harvested.
Here, forward planning is crucial. While you can record your wishes in your will, you must bear in mind it may not be read until after your funeral, so the best approach is to plan and communicate your wishes while you’re alive.
Here’s how it works.
How to donate your body
To donate your body to science, you must sign up to a specific programme. A few Scottish universities offer these. Each will have its own rules and regulations and you’ll need to consider these carefully.
Generally this process includes a sign-up form including questions about your health.
Once you have agreed and the relevant paperwork is in place, it’s important you speak about your wishes, the same way you would when it comes to end-of-life or funeral instructions. Your next-of-kin or executors need to know what you’d like to happen after you die, so they can make sure your wishes are followed.
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Body donation rules
There are strict rules for body donation.
Many common end-of-life complications mean a body will be unsuitable. These include post-mortems, recent major surgery and most organ donation, as well as certain infectious diseases, obesity and late-stage cancer.
Additionally, many programmes only need a small number of bodies each year, so may simply not need another donation.
What happens if I want to do both?
You can’t do both. But you’ll need to carefully weigh things up before making a final decision.
If you feel strongly about body donation, it may be best to opt-out of organ donation now. Opting out, or expressing views on specific organs, is simple and you can do this through?this government website.
The risk here is that it’s rare for bodies to be accepted, and that means viable organs are potentially wasted.
On the other hand, it is incredibly rare for a body to be eligible for organ donation, so every donor is important.
Can I be pre-approved for body donation?
Sadly this isn’t possible when you make the initial declaration. Of course there may be elements that mean you can’t be added to the register in the first place, but a lot of the causes for ineligibility, such as surgery or cancer, can happen later in life.
Fundamentally this is an intensely personal choice that’s best made after thorough consideration of the facts. Our team can talk through all aspects of end-of-life planning with you.
You can read more commentary and insights from our private client team,?here.
Advocate at Terra Firma Chambers
2 年Interesting and under-considered points Hannah Patience. I know that at Glasgow medical school they hold a service of thanksgiving once a year for the people who donated their bodies so that medical students can develop their skills. I was impressed by that.