We know there are many misconceptions that stop people from registering to be a donor. One is believing that your sexual orientation excludes you. This is simply not true.
In 2020 the NSW Organ and Tissue Donation Service worked with ACON and Southern Cross University to survey the LGBTIQA+ community about attitudes to organ donation. 430 responses showed that the LGBTIQA+ community has similar beliefs to the wider community, but some were uncertain about whether being HIV positive rules out the possibility of donation.
While a person’s medical and social history will be considered by the medical team when they die, a person’s sexual orientation, gender, gender identity or sex characteristics do NOT prevent that person from becoming an organ donor.
Frequently asked questions
Can I be an organ donor if I am living with HIV?
Yes, you can. As with anyone donating, overall health or conditions of organs and compatibility with potential recipients is evaluated before proceeding to donation.
I’ve registered to be an organ donor but my family don’t agree with it. Can they over-ride my decision?
It is important to discuss your decision to be an organ and tissue donor with your family and/or loved ones. Families or loved ones are always consulted regarding donation and will be asked before donation proceeds. Most families agree to donation when their loved one has registered.
Who is recognised as next of kin when decisions are being made about organ and tissue donation?
Next of kin includes same sex partners – de facto or married – parents and siblings.
What if I am estranged from my parents and siblings? Can they still act as next of kin?
The next of kin will always be consulted. If there is a partner – de facto or married – they are considered the senior next of kin and their view will be most relevant. In the same way that your age and medical history does not matter, your lifestyle does not either – you should still register. Research shows that 8 in 10 families will honour the donation wishes of their family member, so be sure you register to donate and then have a conversation with your family about your wishes.
Is it true that I can’t donate organs if I am a man who has sex with men?
False. A person’s sexual orientation, gender, gender identity or expression does NOT prevent that person from becoming an organ donor. All people at end of life in emergency care, wishing to donate organs will be considered. Organ donation is not the same as blood donation, where some sexual activity is taken into account. All potential organ and tissue donations are valued and assessed at the time, including those from the LGBTIQA+ community.
For further information about the NSW research and more FAQs relating to the LGBTIQA+ community, head to the NSW Organ and Tissue Donation Service website.
Find out more about donation including myths and how to talk to your family on our All about donation webpage.
