[Legal questions in organ transplantation from living donors]. 1999

H G Koch
Max-Planck-Institut für ausländisches und internationales Strafrecht, Freiburg.

From the perspective of the German legal system it is clear that the donation of organs by living donors should be the exception, but cadaver donors the rule. Nevertheless, the legislature has deemed it necessary to regulate the organ donation of living donors. Without a great lot of political debate requirements have been established for these donors and criminal provisions created prohibiting the dealing with human organs. This paper will first address the question on how the current legislation came about and whether a statutory rule was even necessary. An in-depth analysis of the statute will follow in which open questions and ambiguities of the text will be explained.

UI MeSH Term Description Entries
D007258 Informed Consent Voluntary authorization, by a patient or research subject, with full comprehension of the risks involved, for diagnostic or investigative procedures, and for medical and surgical treatment. Consent, Informed
D009927 Tissue and Organ Procurement The administrative procedures involved with acquiring TISSUES or organs for TRANSPLANTATION through various programs, systems, or organizations. These procedures include obtaining consent from TISSUE DONORS and arranging for transportation of donated tissues and organs, after TISSUE HARVESTING, to HOSPITALS for processing and transplantation. Organ Procurement,Organ Procurement Systems,Organ Shortage,Tissue Procurement,Tissue Shortage,Donor Cards,Organ Donation,Required Organ Donation Request,Required Request,Tissue Donation,Donor Card,Organ Donations,Organ Procurement System,Organ Procurements,Required Requests,Shortage, Tissue,Tissue Donations,Tissue Procurements,Tissue Shortages
D011057 Politics Activities concerned with governmental policies, functions, etc. Political Activity,Conservatism,Decentralization,Liberalism,Political Factors,Activities, Political,Activity, Political,Factor, Political,Factors, Political,Political Activities,Political Factor
D005858 Germany A country in central Europe, bordering the Baltic Sea and the North Sea, between the Netherlands and Poland, south of Denmark. The capital is Berlin.
D006801 Humans Members of the species Homo sapiens. Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man
D016377 Organ Transplantation Transference of an organ between individuals of the same species or between individuals of different species. Grafting, Organ,Transplantation, Organ,Graftings, Organ,Organ Grafting,Organ Graftings,Organ Transplantations,Transplantations, Organ
D019520 Living Donors Non-cadaveric providers of organs for transplant to related or non-related recipients. Donors, Living,Donor, Living,Living Donor

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