Opt-out is a promising alternative to the current system because it taps into a psychological phenomenon known as “default neglect” (Stanford Graduate School of Business on the “Power of Doing Nothing”). If people had to opt-out of giving rather than opt-in, more people would be registered as organ donors and more lives would be saved. This is best explained by the status quo bias. If people are not motivated enough, they will stick with the default option that is already given to them, regardless of what it is.
Referenced Link: https://www.gsb.stanford.edu/insights/power-doing-nothing?linkId=47525963
However, some argue that the current system of opt-in, in which people have to actively select if they want to be an organ donor, is more effective. According to Donate Life California, presumed consent (or opt-out) is “an attractive concept with unattractive results.”
“Unfortunately, under a Presumed Consent system, the “Opt-Out” provision would capture people’s premature, under-informed, and unplanned decisions to NOT donate, while individuals are in the immediate process of focusing on the process of getting a driver license. And, once recorded as a “No” there is little opportunity to address misinformation and inspire individuals and families to donate; the work we in the four California OPOs help to do today that moves us from the 35% who register as donors to the 72% who actually donate . . . With these serious misconceptions out there, it is very realistic to conclude that an Opt-Out, Presumed Consent decision, made early in life, without access to accurate information would lead to millions of ill-informed decisions and no chance to address these misconceptions when the opportunity to donate occurred.”
(Source: http://donatelifecalifornia.org/education/faqs/presumed-consent/)
The primary concern of advocates for the opt-in system is that the opt-out system would capture people’s misconceptions about organ donation and would decrease the opportunity to address misinformation once they have already said “no” to being an organ donor.
However, our approach is to not only change the form, but also to provide more readily-available information in the California DMV and in Drivers’ Education curriculum for teens, correcting any potential misconceptions of a wide audience of California residents and increasing the potential effectiveness of the opt-out system that we are encouraging. Additionally, there is evidence that suggests that this opt-out system may work in California, being the progressive state that it is. Studies done by Stanford’s Social Psychology department concluded that a “simple adjustment to the phrasing of the default option in the United States has the potential to lead more people towards organ donation, and consequently, saving thousands of lives.” The study shows that the phrasing of the opt-out system is most effective in “countries or states that currently have an opt-in policy and no religious or cultural beliefs that discourage organ donation.” California is a very progressive state and since it has been shown that all major religions approve of and look favorably upon organ donation, there are no major religious or cultural beliefs that could potentially hinder the success of this new system in California.
Referenced Link: https://sparq.stanford.edu/solutions/opt-out-policies-increase-organ-donation