Organ Donation in Austria: Opting Out and the Widerspruchsregister

Austria uses an opting-out system for organ donation after death. This means that organs may generally be removed if a person did not expressly object during their lifetime. The rule applies to people who live in Austria as well as people who are staying there.

The Widerspruchsregister provides additional certainty by recording an objection in a central register that hospitals must check before removing organs.

What does the opting-out system mean?

After death has been confirmed, organ removal is permitted if the deceased person did not expressly reject it during their lifetime. Austria has used this system since 1978.

By contrast, countries such as Germany and Switzerland use an opting-in system, known as the Zustimmungslösung. Under that system, a person must actively give consent, for example with a donor card.

Silence is not considered an objection in Austria. An objection must be expressly communicated and may be:

• Written, for example on a note carried with an identity document.
• Verbal, for example if relatives can confirm what the person said.

Who can object?

An objection can only be made before death. It must be made by the person concerned or by their legal representative, for example in the case of children or adults who have a legal representative.

Relatives who are not legal representatives cannot submit a legally effective objection on someone else’s behalf. This is why the Austrian system is also described as a narrow opting-out system.

There is one different situation: if you expressly told a relative that you objected, that person may communicate your objection as a messenger.

Hospitals regularly try to reach an understanding with relatives when no objection has been recorded, but they are not legally required to do so.

Who signs the objection?

• Under 14 (unmündige Minderjährige): the legal representative signs.
• From the age of 14 (mündige Minderjährige): the person concerned must object personally and sign.
• Other persons without legal capacity: the legal representative gives consent and signs.
• Adults: they object personally.

If a parent registered an objection for a child under 14, a new entry is required after the child turns 14, with the young person’s own signature.

What is the Widerspruchsregister?

The Widerspruchsregister has operated since 1 January 1995 and is managed by Gesundheit Österreich GmbH (GÖG).

Every hospital must check the register before removing organs from a person who has been declared brain-dead. The check must also be documented in a verifiable way using a query number. The system is available 24 hours a day.

Objections recorded in a medical history or otherwise verifiably expressed during a person’s lifetime must also be taken into account. The law does not require a specific form for an objection.

How to register an objection

Use the form called “Organspende, Widerspruch/Änderung/Löschung”. The general process is:

1. Complete the form and sign it personally with an original signature.
2. Send it by email or post to the address below.
3. Your details are entered into the electronic register.
4. You receive confirmation of the entry, called an Eintragungsbestätigung, by post.

Address: Gesundheit Österreich GmbH, Widerspruchsregister, Stubenring 6, A-1010 Wien

The same form can be used to change or delete an entry. The register is primarily designed for the Austrian population, and the main identifier is the Austrian social insurance number.

If you are staying in Austria but do not live there

People who do not live in Austria but are staying there are also covered by the opting-out system and may register an objection.

A less formal solution may also be sufficient, such as carrying a written statement with an identity document that clearly says you reject organ removal. This must be taken into account.

In practice, if a brain-dead person who does not live in Austria is involved, the hospital contacts the relatives. If they can be reached quickly, the hospital will generally seek agreement with them.

Living organ donors

A living person may donate an organ or part of an organ, most often to a relative. This is particularly common with a kidney, but part of the liver or lung may also be donated, primarily between a parent and a young child. Living organ donation is prohibited under the age of 18.

The donor is medically examined and informed beforehand. Consent is then given in writing and may be withdrawn at any time.

Organ donation must be voluntary and free of charge. It cannot be undertaken in return for money, although reimbursement of costs, such as lost earnings, is not considered payment or other consideration.

If an insured person or an eligible relative donates an organ without seeking financial gain, the statutory health insurance covers the costs. This includes the preparatory medical steps and follow-up checks.

Transplants in 2025

On 31 December, 725 people were on an organ waiting list in Austria. A total of 733 organs were transplanted in 2025:

• Kidney: 385, including 61 from living donors
• Liver: 157
• Lung: 104
• Heart: 68
• Pancreas: 19

Austria is a member of Eurotransplant, which distributes organs among its member states.

Frequently asked questions

If I object, can I still receive an organ?

Yes. A person who has registered an objection can receive an organ in the same way if one is needed.

Is there an upper age limit for organ donation after death?

No. However, a person who dies from metastatic cancer cannot be an organ donor.

Can my family object after my death?

No. An objection can only be made before death, either by you personally or by your legal representative.

Can a registered objection be withdrawn?

Yes. The entry can be deleted using the same “Organspende, Widerspruch/Änderung/Löschung” form.

Practical steps

1. Decide whether you object to organ removal after death.
2. If you object, complete the “Organspende, Widerspruch/Änderung/Löschung” form.
3. Sign it personally with an original signature, unless a legal representative must sign.
4. Send it by email or post to: Gesundheit Österreich GmbH, Widerspruchsregister, Stubenring 6, A-1010 Wien.
5. Keep the Eintragungsbestätigung when it arrives by post.
6. Use the same form if you later need to change or delete the entry.
7. Even if you do not register, carry a clear written objection with your identity document and make your wishes known to people close to you.

This article is based on information available online and is not legal or medical advice. Use it at your own risk. For specialist advice, contact a lawyer, legal professional, healthcare professional or another relevant specialist.

Source: oesterreich.gv.at