Legalities of Organ Transplantation

Overview

The process of organ donation has been legalized in many countries across the world. Each country has its set of rules and laws to regulate the process of organ donation. This is especially important to ensure that the procedure is not being conducted illegally and organ trafficking is caught.

The legalities of organ transplants in some of the countries are given below:

Legalities of Organ Transplant in India

• According to the Transplantation of Human Organs and Tissues Act (THOTA) India 1994, a living donor for the transplant can be a close family member or a ‘ near relative’. These include spouses, parents, sisters, brothers, sons, daughters, grandparents, and grandchildren.
• Besides the near relatives, others can donate under special circumstances and must be approved by the authorization committee.
• A deceased donor transplant is possible in the case of patients who have been declared brain dead like accident victims. The registered medical practitioner should ascertain from a near relative if the patient had consented to organ donation.
• For a living organ donation, the donor should be psychologically sound while making this decision. The process has to receive authorization committee clearance.
• Donors and recipients should submit proof of their identities and relationship with each other. Fabrication of documents and selling of organs comes with heavy penalties. Individuals who are foreigners or not near relatives must obtain a no-objection certificate from the embassy or state of domicile.

Organ Transplant in India

Legalities of Organ Transplant in Turkey

• The blood group of the donor and recipient should be compatible.
• Selling and buying organs for monetary gains and other interests is strictly forbidden.
• Living donors should be above 18 years of age and mentally sound when deciding to donate an organ.
• The donor and patient need to undergo a fresh evaluation for an organ transplant.
• As per Turkish laws and regulations, the living donor should be at least a 4th degree relative to the patient.
• Documents showing the relationship between the donor and patient, birth certificate, ID card, and no objection certificate of the donor should be provided before the transplant.
• Harvesting of the organ is forbidden if it can endanger the donor’s life.

Organ Transplant in Turkey

Legalities of Organ Transplant in UAE

 

The UAE allows the transplantation of both human tissues and organs as per the provisions of the Federal decree law No.5 of 2016 on the Regulation of Human Organs and Tissue transplantation. These help to regulate the process of organ donation and prohibit organ trafficking.

• Any person in the UAE irrespective of nationality can be a donor or recipient of organ transplantation. This option will be linked to the person’s Emirates ID.
• A living donor should be a legally and mentally competent person. The person should unconditionally express that he/she is donating organs under no pressure and as per his/her free will. An authorized medical committee should ensure that the donor will not be harmed because of the donation.
• Living donors for the transplant are restricted to couples who have been married for a minimum of 2 years and at least 4th-degree relatives.
• For deceased donors, it is not allowed to remove the organ for transplant until and unless the donor has consented to organ donation before death. This should have been formally documented by the Emirates identity card or notary public. Organs can be removed only after the person has been dead as per the Ministerial Decision No. 550 of 2017 Concerning Requirements for Determining Death.
• The identity of the recipient and donor should be confidential.

Organ Transplant in UAE

Conclusion

The number of organ transplants has been increasing over the past decade. But, it is essential that the process should be carefully regulated. This can protect the patients from becoming the victims of organ trafficking and other illegal activities.

Reference Links:

• ORGAN India
• LawsTurkey
• https://legislative.gov.in/sites/default/files/A1994-42.pdf
• https://dghs.gov.in/WriteReadData/userfiles/file/RTI/THOA_NOTP_NOTTO_ROTTO_SOTTO_16-7-2020.pdf