Short answer: Germany currently applies the consent model, which requires an explicit agreement to organ donation. Several draft bills in the Bundestag propose an opt-out model. A group motion backed by 254 members of parliament and a counter-motion with 58 members were tabled. According to the Bundestag, the first reading took place on 24 September 2026, and the drafts were then referred to the Health Committee. The outcome is open. Last updated: November 2026.
Organ donation is a decision that is personal for everyone. It is therefore worth knowing exactly what applies today, what the draft bills in the Bundestag propose, and what remains open. This guide describes the current state without prescribing a view. You will find the arguments for and against in a separate guide (in German).
The most important points at a glance
- The current legal basis is the consent model (Entscheidungslösung), which requires explicit consent to organ removal.
- Three documents were submitted: a group motion with 254 members, a bill from the Bundesrat and a counter-motion with 58 members.
- The draft bills on the opt-out model (Widerspruchslösung) were debated in a first reading on 24 September 2026, according to the Bundestag.
- After the first reading, all three documents were referred to the lead Health Committee.
- A vote date and an entry into force are not confirmed in the available reports.
What applies today: the consent model
Today, the consent model (Entscheidungslösung) applies. Anyone who wants to donate organs must explicitly agree. Six years ago, the Bundestag rejected the opt-out model and instead passed the law to strengthen willingness to donate (Gesetz zur Stärkung der Entscheidungsbereitschaft). Since March 2024, the organ donor register has been in operation, where a decision can be recorded.
What would change under the opt-out model?
Under an opt-out model, the default would reverse. A person would then count as a possible donor unless they had objected. The decision would therefore no longer rest solely on explicit consent, but on whether an objection exists.
How exactly the rule would be designed, including exceptions, documentation duties and the rights of relatives, is set out in the wording of the drafts. Read that wording before forming a view, because media summaries leave out details.
| Question | Today (consent model) | Under the opt-out model (drafts) |
|---|---|---|
| Basic rule | Organ donation only with explicit consent | Anyone who has not objected counts as a possible donor |
| Personal decision | Record consent, for example in the register or on a card | Record an objection if you do not want to donate |
Where does the draft stand in the Bundestag?
According to the reports, three documents are before the Bundestag. The group motion to introduce the opt-out model is supported by 254 members from CDU/CSU, SPD, the Greens and The Left. A bill from the Bundesrat also proposes an opt-out model. A counter-motion titled „Freiwilligkeit der Organspende sichern“ (securing voluntary organ donation) is signed by 58 members.
| Document | Content | Support according to the report |
|---|---|---|
| Group motion | Introduction of the opt-out model | 254 members from CDU/CSU, SPD, the Greens and The Left |
| Bundesrat bill | Opt-out model | No figure given in the report |
| Counter-motion | Secure voluntary donation, strengthen information and registration | 58 members |
Why the outcome is open
The drafts were debated in the first reading on 24 September 2026 (Bundestag text archive, page dated 2 November 2026). Afterwards they were referred to the lead Health Committee, which discusses the details. According to the report, no vote is scheduled. Only when the Bundestag votes can it be said whether one of the drafts finds a majority.
Media headlines mention an entry into force around 2030. The available reports do not confirm this date, so do not treat it as settled. Only decisions and the publication in the Federal Law Gazette (Bundesgesetzblatt) are reliable.
What this means for students and early-career professionals
The question concerns you already today, because you can record your position regardless of how the debate ends. The current rules offer the organ donor register and the organ donor card. Both routes are open to you whatever the outcome.
If you want to document your decision, choose the entry that matches your own view. The following guides describe the steps in detail (in German).
What the debate is really about
The discussion revolves around two questions. The first is whether more organs become available if the rule reverses the default. The second is how much weight a personal decision should carry when no explicit decision has been made. Supporters of the opt-out model see silence as consent to donation. Critics stress that a decision about one’s own body should be made explicitly.
Both sides start from the same situation: many people view organ donation positively but have never recorded their decision. Whether a rule addresses this gap depends on its detailed design and on how well information and registration work.
What role do relatives play?
The role of relatives is a central point for many people. Whether and how they are involved in the decision process follows only from the wording of the drafts, so no general statement is possible here. If you want to clarify the topic for yourself, read the section on relatives in the original text.
What you can do today
Whatever the outcome of the debate, you can document your position. A clear entry gives you and your family certainty. It does not replace advice, but it gives relatives guidance in a difficult situation.
- Decide whether you want to donate organs or not.
- Record your decision in the register or on the organ donor card.
- Inform your relatives about your decision.
- Check your entry again if the legal situation changes.
Frequently asked questions
Does the opt-out model already apply?
No. According to the reports, the opt-out model has been introduced in the Bundestag but not passed. The consent model with explicit agreement currently applies.
When will the Bundestag vote?
The reports do not name a vote date. After the first reading on 24 September 2026, the drafts are with the Health Committee, whose work determines the further timetable.
What happens to an existing register entry?
The reports do not say how an existing entry would be treated under a new rule. As long as the drafts are not passed, the current entry continues to apply unchanged.
Do I have to do anything now?
There is no obligation. If you want to record your decision clearly, you can do so at any time. The detailed design of any new law remains to be seen before specific steps are planned.
Where can I find the wording of the drafts?
The wording is published in the printed matter (Drucksachen) of the Bundestag, according to the Bundestag under 21/7570 (group bill), 21/2738 (Bundesrat bill) and 21/8050 (motion). It contains the original text, not press summaries.
What to do now
- Read the wording of the drafts in the Bundestag printed matter.
- Decide which position you want to record today and write it down.
- Follow the work of the Health Committee and the voting dates.
- Clarify open questions about the entry in the register or on the organ donor card.
Related guides
- Health system reform: ePA, e-prescription, doctor visits and sick notes (hub, in German)
- Organ donation: pro and contra of the opt-out model for young people (in German)
- Fill in the organ donor card: step by step (in German)
- Register online for organ donation (in German)
Sources: beck-aktuell: Bundestag debates the opt-out model again (report dated 23.09.2026, in German), German Bundestag, text archive on the debate of the Transplantation Act (in German, page dated 2 November 2026)
Last updated: November 2026. This guide is general information, not individual advice.
