People wishing to donate their organs will have to declare their wishes on a register before their death, under a new law being proposed by the government.

However, people will also be able to expressly state that they do not wish their organs to be donated.

In the case of people who die without stating their wishes either way, the decision will be made by next of kin in consultation with doctors.

The Organ Donation Act, which will have its first reading in Parliament this evening with the goal of implementation by early next year, will allow all Maltese residents to register from age 16, provided they are of sound mind.

People may change their declaration any number of times throughout their lifetime, but relatives will not be allowed to act against the person’s wishes after their death.

The act also amends the criminal code to make it a crime to traffic organs, including demanding payment in exchange for organ donation.

In the case of donation when the person is still alive – typically kidneys – donations will only be allowed if the donor is a relative or close friend of the patient.

Announcing the proposals this evening, Parliamentary Secretary for Health Chris Fearne clarified that no groups are excluded from registering for donation – as is the case with blood donation – however clinical staff can still make the decision not to use a person’s organs after their death.