LEGAL REGULATION OF LIVING ORGAN DONATION IN FOREIGN COUNTRIES
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2016, Vol 21, Issue 2
Abstract
The studies revealed two basic principles of living organ donation that covered in Articles 9-10 of Additional Protocol to the Convention on Human Rights and Biomedicine concerning Transplantation of Organs and Tissues of Human Origin (Strasbourg, 24.01.2002). These principles in varying degrees are embodied in the laws of the United States, France and the UK. In the USA there is no single normative act that would regulate living organ donation, but the leading in this field is the Organ Donation and Recovery Improvement Act (ODRIA, 2004). Thanks to the development of medicine both principles (the necessary genetic relationship between the living donors and recipients and the prevalence of mortal organ donation over the living) have been seen in the opposite direction, but not completely eliminated. In France in the Code de la sante publique (2004) preference is given to mortal donation; as a general rule, the donor may be the recipient’s father or mother but there are exceptions within only a genetic relationship. In the UK both principles are enshrined in the Human Organ Transplants Act (1989) which allowed no exceptions to these rules. In addition, any living organ donation must be approved by the Human Tissue Authority (HTA). At the same time, there are a number of recommendatory normative acts, which justify the necessary of living organ donation and emotionally (not genetically) related donation. Given the level of modern medicine, subject to all requirements of the donor and recipient established in other normative acts, and the presence of HTA’s consent, such operations are possible in the UK today.
Authors and Affiliations
I. M. Tanasyichuk
Keywords
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