Removal of organs and tissues from living donors for transplantation

Organs and tissues may be removed from donors who have given their consent in order to treat human disease or injury. Removed organs and tissues may be stored for
future use.
Organs and tissues may only be removed if this does not cause the donor any major health hazard or serious harm,if there is no treatment available for the recipient as
effective as transplantation, and if no suitable organ or tissue from a dead donor is available, or the prognosis is expected to be appreciably better than the prognosis of transplantation from a deceased donor.Doctors treating recipients may not be involved in decisions concerning the removal of organs or tissues.


Consent of the donor


Donors must give informed written consent to the removal
of an organ or tissue. They are entitled to withdraw consent at any time before removal of the organ or tissue, without being required to state any reason.
Before giving written consent, donors must be provided with an explanation of the significance of the procedure for themselves and the recipients, and be informed that
their consent can be withdrawn at any time before the organ or tissue is removed. The donor’s personal physician contributing to the decision to donate must personally make the explanation to the donor.If the donor is under-age or, though of age, does not have the capacity to decide on his/her treatment because of disease, mental disorder or some other reason (incapacitated), the written consent of his/her legal representative must be obtained before the removal takes place. However, no organ or tissue may be removed if the person concerned objects. The donor’s personal physician contributing to the decision to donate must personally make the explanation referred to in paragraph 2 to the donor’s legal representative. The physician must also establish the views of an under-age or incapacitated
donor in so far as the donor’s age and developmental level permit.

Removal of non-regenerative organs or tissues


Adult persons able to decide about their treatment may donate non-regenerative organs or tissues only to treat disease or injury in a near relative or other person
close to them. A permit from the National Board of Medicolegal Affairs
(TEO) is required for all removals of organs or tissues.


Under-age or incapacitated donors


Under-age or incapacitated persons may only donate regenerative tissue or part of a regenerative organ to treat disease or injury threatening the life of a sibling
if no suitable tissue or organ is available from a deceased or legally competent donor. If the donor is under-age, but of an age and developmental level that
allows him/her to decide about personal treatment, the recipient can be a near relative or other close person.Cells can also be donated in situations other than the
above-mentioned if no suitable cells are available from a deceased or legally competent donor. A permit from the National Board of Medicolegal Affairs (TEO) is required for the removal of tissue or part of an organ.