Organ Donation Requirements in Wisconsin

Organ donation is a proven way to save lives. Although most organs are not donated until the donor dies, some organs, such as the lung, liver and kidneys, are able to be donate while the donor is still living. Organ donation, called an anatomical gift under Wisconsin's state law, has certain restrictions to protect all persons involved.

Age Requirements

• In Wisconsin, there is not an age requirement to receive an organ but there is an age requirement to become a donor. Under state law, Act 106, anyone 15 and a half years old or older can become an organ donor. Emancipated minors are not bound by age requirements.

  Although minors are allowed to become donors, the parent or guardian has the right to revoke the minor's decision to make an anatomical gift once the minor is deceased. Any adult in good mental health can make the decision to become an organ donor.

Gifting on Behalf of Others

• The 2007 Wisconsin Act 106 took effect on April 1, 2008. It grants any person with the authority to dispose of a decedent's body the ability to donate the decedent's organs. This includes, spouses, adult children, grandparents, adult siblings and parents.

Hospitals Procurement and Using Anatomical Gifts

• Legally, hospitals are required to follow a series of steps to legally obtain and use organs. The hospital must enter into an agreement with an organization that will coordinate the procurement and use of anatomical gifts. The hospital must have an agreement with the organ procurement organization that says that the hospital will notify the organization when the donor's death is near or the donor has died. The notification must be in a timely manner. The hospital must work with the procurement organization to educate staff on donation issues, reviewing death records to improve identification of donors. They must also protect potential donors during testing to match the organs to the possible recipients.