Is organ donation opt-in or opt-out in the United States?

Opt-in (explicit consent)

The US currently uses an opt-in system, with opt-out being proposed.

The United States is one of 11 countries classified “Opt-in (explicit consent)” for organ donor consent — 50% of the 22 with data. (Also searched as presumed consent.)

Source

Taken from
Wikipedia: Organ donation
Last checked
17 September 2026
How it was classified
Classified by a language model from the source text, then checked against hand-verified reference countries.

Nearby countries

Canada
Varies by region Canada's organ donation consent system varies by province and territory.
Guatemala
Opt-in (explicit consent) Guatemala requires explicit prior consent for organ donation under an opt-in system.
Colombia
Opt-out (presumed consent) Colombia introduced an opt-out policy in 2017 where all people are presumed donors.
United Kingdom
Opt-out (presumed consent) All four UK nations presume consent to donation unless you opt out — Wales since 2015, England 2020, Scotland 2021, Northern Ireland 2023.
Brazil
Opt-in (explicit consent) Brazilian law grants the family ultimate authority over organ donation decisions.
Netherlands
Opt-out (presumed consent) The Netherlands uses an opt-out system where non-response to notices implies consent.

Other laws in United States

Abortion
Varies by region
Euthanasia
Varies by region
Suicide Laws
Varies by region
FGM Laws
Specifically banned
Surrogacy
Varies by region

Every law in the United States → · Which countries have opt-out organ donation? →

A visual reference compiled from Wikipedia’s law-by-country articles, not legal advice. Laws change and summaries simplify — check a primary source before relying on anything here.