Every day a patient dies whilst awaiting a transplant. Unfortunately, this is not a new problem. Since the first cadaveric donations of the 1960s, demand for organs has exceeded supply. The current law governing posthumous organ donation is set out in the Human Tissue Act 2004. This law uses the express consent model, whereby consent must be given in order to authorise donation, commonly known as an "op-in" system. In his annual report on the state of public health, the Chief Medical Officer, Sir Liam Donaldson, called for a move to a "presumed consent" approach to organ donation, whereby consent for donation is assumed unless an individual has registered an objection before death. Surveys suggest that 70% of people wish to donate organs posthumously, but only 20% are on the NHS Organ Donor Register. Presumed consent would eliminate the problem where people wish to donate but have not yet registered as organ donors. Whilst increasing the supply of organs, such an approach is not without problems. Issues regarding who may withdraw consent, the fear of state-ownership of people’s bodies and debate about whether consent is necessary are problematic when considering new approaches and must be addressed before new legislation is adopted.