[Durgical](https://durgical.com/en/) › [DurgiPedia](https://durgical.com/en/durgipedia/) › [Medical ethics](https://durgical.com/en/medical-ethics/) › [End of life and donation](https://durgical.com/en/medical-ethics/areas/end-of-life/) › Ley 1805 de 2016: presumed consent for organ donation # Ley 1805 de 2016: presumed consent for organ donation - Law In Colombia everyone is presumed to be an organ donor after death, unless they recorded their objection while alive. Updated Nov 5, 2026 ## Key points - Art. 3: anyone who did not object while alive is presumed a donor; relatives cannot substitute their will. - Art. 4: objection is made by a written document authenticated before a notary and filed with the INS, or when enrolling with an EPS. - Art. 15: minors may be donors if their legal representatives consent within eight hours of brain death. - Art. 17: trafficking in or buying and selling organs carries three to six years in prison. - Art. 10: no transplants for non-resident foreigners, except a spouse, permanent partner or relative of the donor. ## 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. ## How does a person in Colombia object to presumed organ donation? With a written document authenticated before a notary and filed with the National Institute of Health, or when enrolling with their EPS, which informs the INS (Law 1805 of 2016, art. 4). ## Can the family block donation by an adult who did not object while alive? No. Under Law 1805 of 2016 (art. 3, paragraph 1), relatives cannot substitute the donor's will. ## What penalty does Law 1805 of 2016 set for organ trafficking? Three to six years in prison, increased if the aim is export (art. 17). ## When may minors be donors? If their legal representatives give informed consent within eight hours of brain death (art. 15). [Add to my cards (4)](https://durgical.app/estudiar/?add=/en/medical-ethics/ley-1805-de-2016-presumed-consent-for-organ-donation/) ## Connections ## Related 3 - [Brain death: the ethical and legal criteria in Colombia](https://durgical.com/en/medical-ethics/brain-death-the-ethical-and-legal-criteria-in-colombia/) - [Advance directives (Documento de Voluntad Anticipada)](https://durgical.com/en/medical-ethics/advance-directives/) - [Justice: fair distribution and equal treatment](https://durgical.com/en/medical-ethics/justice-fair-distribution-and-equal-treatment/) [← All of medical ethics](https://durgical.com/en/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](https://www.secretariasenado.gov.co/senado/basedoc/ley_1805_2016.html) (Secretaría General del Senado, 2016); [Decreto 2493 de 2004](https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=14525) (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 Representative model, for educational purposes only. --- Source: https://durgical.com/en/medical-ethics/ley-1805-de-2016-presumed-consent-for-organ-donation/ License: CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). Cite as: DurgiPedia (durgical.com), https://durgical.com/en/medical-ethics/ley-1805-de-2016-presumed-consent-for-organ-donation/