Bundestag debates possible opt-out rule for organ donation
Berlin, June 25, 2026
Prométhée / Wikimedia Commons / CC BY-SA 3.0
Summary
The Bundestag held a two-hour orientation debate on Thursday about a possible switch to an opt-out rule for organ donations. Two cross-faction groups have already prepared initial drafts, but concrete motions have not yet been submitted to parliament.
Berlin, June 25, 2026
The Bundestag discussed on Thursday, in a two-hour orientation debate, a possible switch to an opt-out rule for organ donations, without adopting any decisions.
For now, the debate is only a general discussion without decisions. Concrete motions have not yet been submitted to parliament either. According to parliamentary sources, members of parliament are coming together for an orientation debate, for which two hours are scheduled for a general discussion.
So far, express consent is required for organ removal. A cross-faction group of members of parliament is pushing for the introduction of an opt-out rule. For adults, this would mean: everyone is automatically considered an organ donor after death — unless they actively opt out.
Third attempt at an opt-out rule
For supporters of the opt-out rule, this is already the third attempt — after an initial initiative failed in the Bundestag in 2020 and a second one no longer came to a vote because of the snap election in 2025. A first attempt at an opt-out rule failed in the Bundestag in 2020.
The group, which includes members of parliament from the CDU, CSU, SPD, Left, and Greens, argues that many improvements in recent years have not produced a decisive increase in donation numbers. Supporters also include the former health ministers Jens Spahn (CDU) and Karl Lauterbach (SPD).
Figures: Donations rising, waiting lists remain long
Last year, 985 people released one or more organs after death for others, according to figures from the coordinating German Foundation for Organ Transplantation (Deutsche Stiftung Organtransplantation). This was the highest level since 2012. At the same time, at the end of 2025, 8,200 people were still on waiting lists.
However, two groups of members of parliament have already taken a position and each prepared initial drafts: one in favor of switching to an opt-out rule, the other clearly against it. There are also critics of the opt-out rule in the Bundestag.
The second cross-faction group wants to increase organ donations, but through better education, easier documentation of one's own wishes — and without an encroachment on fundamental rights. Concretely proposed is to build "analog entry options" into an existing online register for general organ donation consent at ID card offices.
Opponents: Silence must not be treated as consent
Under the proposal, organ removal from adults capable of consent should also be permitted if they have "not objected." Enhanced public information is planned. The new rules are not to take effect before 2030.
The two groups of members of parliament have already announced that they will formally introduce their respective initiatives into parliament. As a rule, this is followed by a first reading in the plenary and committee deliberations before a vote without party-line instructions takes place in the Bundestag.
The board of the German Patient Protection Foundation (Deutsche Stiftung Patientenschutz), Eugen Brysch, said that parliament is holding an orientation debate for the third time in eight years. "Apparently, the idea is to deliberate and vote until a suitable result is produced." He stressed his position that there must never be interventions in physical integrity without the consent of the person concerned.
Online register and documentation options
The German Medical Association (Bundesärztekammer) once again advocated for the opt-out rule. "It preserves the freedom of choice of citizens, while at the same time sending an important signal of solidarity," said president Klaus Reinhardt. Anyone can opt out of organ donation at any time. Today, however, donations often cannot be carried out because no documented expression of will is available.
Since March 2024, people aged 16 and over can also digitally record their position on the portal www.organspende-register.de. A fundamental yes or no to organ donation after death can be documented on an organ donor card, in an advance healthcare directive, or otherwise on paper. Entries are voluntary, free of charge, and can be changed or deleted at any time.
In the central online register for organ donations, just under 579,000 people have now recorded their position on their own willingness to donate, according to the Federal Institute for Drugs and Medical Devices (Bundesinstitut für Arzneimittel und Medizinprodukte) as the operator. Of these, 82.2 percent consented comprehensively and without restrictions to organ removal after death; it is also possible to consent only for certain organs. 8.6 percent registered an objection.
Instead, the Bundestag passed a law in 2020 that reaffirmed the applicable consent principle but already aimed at providing more information and easier documentation of declarations of willingness to donate. A different organ donation law was already passed in May: To enable more kidney transplants, previously very tight limits on organ removal from living donors were widened.
The opposing group warns: "Silence must not be treated as consent," argue the members of parliament. The right to self-determination also includes making no decision without personal consequences arising from it. Authorized doctors and transplant coordinators in hospitals can query the register for information on potential donors.
Questions & Answers
What is an opt-out rule for organ donations?
Under an opt-out rule, all adults capable of consent are automatically considered organ donors after death, provided they have not actively objected during their lifetime. Under current law, by contrast, express consent is required.
How many people in Germany are waiting for an organ?
According to the German Foundation for Organ Transplantation, at the end of 2025, 8,200 people were still on waiting lists for a new organ. Last year, 985 people donated one or more organs after their death — the highest level since 2012.
Who in the Bundestag supports switching to the opt-out rule?
A cross-faction group with members of parliament from the CDU, CSU, SPD, Left, and Greens advocates for the opt-out rule. Supporters also include the former federal health ministers Jens Spahn (CDU) and Karl Lauterbach (SPD) as well as the German Medical Association.
Bundestag organ donation: Debate over opt-out rule | allfacts360
