Ley 1805 de 2016: presumed consent for organ donation

What it is

Law 1805 of 2016 widened the legal presumption of donation of anatomical components. A person is presumed to be a donor if, while alive, they did not exercise their right to object to removal of their organs and tissues after death. Only the person can object or revoke their decision; relatives cannot substitute for them. The law also bans the organ trade, limits transplants for non-resident foreigners and puts the National Institute of Health (INS) in charge of the Donation and Transplant Network.

Key articles

• Art. 1: purpose: to widen the legal presumption of donation of anatomical components for transplants or other therapeutic uses.
• Art. 2: use of organs and tissues requires free, prior and informed consent or the legal presumption of donation.
• Art. 3: presumption of donation; paragraph 1: only the person can revoke the donation and relatives cannot substitute their will. It took effect six months after promulgation.
• Art. 4: objection by a document authenticated before a notary and filed with the National Institute of Health, or when enrolling with an EPS, which informs the INS; if in doubt, the doctor checks the National Donor Registry.
• Art. 7: the INS is the highest administrative authority of the Donation and Transplant Network and sets allocation criteria by severity and compatibility.
• Art. 8: providers must have staff to identify donors; level II providers with an ICU and level III and IV providers must be able to diagnose brain death.
• Art. 14: between two compatible patients of equal severity, priority goes to the one who expressed their wish to donate while alive.
• Art. 16: the INS keeps the National Donor Registry; checking it before any retrieval is mandatory.
• Art. 17: trafficking, buying, selling or trading anatomical components: three to six years in prison, more if the aim is export.

In clinical practice

• Before any retrieval, check the National Donor Registry.
• The family does not decide on an adult's donation, but must be informed and supported with respect.
• Whoever certifies death is not part of the transplant team.

Status and official text

• Text checked on 2026-11-05 in the official legal compilation of the Superintendencia Nacional de Salud (official copy); site cited: secretariasenado.gov.co. Law of 4 August 2016, Diario Oficial 49,955.
• It amends Law 73 of 1988 and Law 919 of 2004. Paragraph 2 of art. 2 was declared unconstitutional by the Constitutional Court.
• Art. 10 (foreigners) was amended by art. 90 of Decree-Law 2106 of 2019.
• Before this law, Decree 2493 of 2004 (art. 19) let relatives object within six hours of brain death; Law 1805 provides that relatives cannot substitute the donor's will.
• The DVA (Resolution 2665 of 2018) refers to this law for objecting to presumed donation.

Test yourself

Think of the answer, then tap the question to see it.

Add to my cards (4)

Connections

← All of medical ethics

Educational content on ethics and health law; not legal advice. Laws and case law change: each page links the official text and says when it was last checked. For a real case, read the text in force and ask a lawyer or the medical ethics tribunal.

Sources: Ley 1805 de 2016, por medio de la cual se modifican la Ley 73 de 1988 y la Ley 919 de 2004 en materia de donación de componentes anatómicos (Secretaría General del Senado, 2016); Decreto 2493 de 2004 (Función Pública, Gestor Normativo, 2004).

Spotted a mistake?We are always improving for the community. Tell us what is wrong and our team will review it.Report a mistake

Send

Representative model, for educational purposes only.