Who the law applies to

The law applies to most people in Scotland aged 16 and over. But it does not apply if you:

• lack the mental capacity to understand the law
• did not live in Scotland for at least 12 months before you die

You can still record a decision if you're in these groups. If you do not record one, donation will only go ahead if your family agree to it.

Children aged 12 to 15 years

Children aged 12 to 15 years can record their own decision on the Organ Donation Register.

If a child dies without a decision recorded then medical staff will ask their parent or legal guardian to make the decision. A transplant will only go ahead if they agree to it.