Organ Donation

What is organ donation?

In organ donation, a person pledges during her/his lifetime, that after death, organ/s from the body can be used for transplantation to help terminally ill patients get a new lease of life. According to the law, however, the prerogative on the decision eventually rests with the next of kin of the deceased.

Legal position on organ donations:

Organ donations are legal by Indian law. The Indian government enacted the Transplantation of Human Organs Act (THOA), 1994, which allows organ donation, and legalized the concept of 'brain death'.

Brain death:

Brain death is the irreversible and permanent cessation of all brain functions. In situations of brain death, a person cannot sustain his own life, but vital body functions may be maintained in an 'intensive care unit' for a short period of time. Such persons are kept on artificial support to maintain oxygenation of organs so that the organs are in a healthy condition until they are removed. Organs of such patients can be transplanted to terminally ill patients.

Documents required:

The donor needs to fill a prescribed consent form, which can either be downloaded from the ministry of health and family welfare, government of India (http://mohfw.nic.in/) or accessed from the medical facility that is approached for organ removal.

A written consent form from the lawful custodian of the body after the death of the patient in a prescribed application form.

The potential donor can also approach organ donation agencies for a donor card. Although not legally binding, the donor card is a means of expressing ones willingness to donate kidneys and make family more understanding towards the cause.

Points to remember:

A panel of four doctors needs to declare brain stem death twice in a time frame of six hours. These are: the medical administrator in charge of the hospital, an authorized specialist, a neurologist/neuro-surgeon and the medical officer treating patient.

Healthy organs should be transplanted as soon as possible from the donor to the recipient.

The authority to give consent for organ donation lies with the person lawfully in possession of the dead body.

There is neither charge nor payment made on account of organ donation.