The double contradiction solution
A cross-party group of members of the Bundestag led by Federal Minister of Health Jens Spahn and Prof. Dr. Karl Lauterbach has presented a bill to introduce the dual opt-out solution. According to this principle, every person is considered to be an organ and tissue donor, unless there is an objection declared during their lifetime or an opposing will. Before making a decision about an organ donation, it must be clarified whether the potential organ donor has given a declaration of organ and tissue donation . For this purpose, the doctor – after determining the so-called brain death (irreversible loss of all brain functions) – has to ask the organ and tissue donor register whether an entry has been saved for the possible donor. If there is no entry in the organ and tissue donor register, a doctor who is not involved in either the removal or the transfer of the organs must ask the next of kin of the potential donor whether they have received a written objection to the organ or tissue donation conflicting will of the potential donor is known. If this is the case, organ donation is out of the question.