Parents’ Consent to the Post‐mortem Removal and Retention of Organs

Parents of children who died following complex heart surgery have recently discovered that organs were removed and retained in post-mortem investigations to which they consented. It has been established that many of these parents did not give informed consent to the retention of organs. The Bristol Royal Infirmary Inquiry which examined these practices drafted codes of practice to govern future post-mortem activities. It is argued that these codes of practice may be onerous to some parents, yet effectively disbar them from dissenting to their application whilst they might otherwise agree to the post-mortem removal and retention of organs for purposes of medical audit, research or training. This consequence arises from employing an over-rigorous concept of informed consent in the immediate circumstances of bereavement. That concept is discussed in detail. An alternative proposal is canvassed which improves on the status quo but does not impose a practice of consent which may be burdensome and distressing to many.