Entry into force: Royal Decree of 26 January 1998, OJ. 1998, 42

Introduction

The Organ Donation Act (referred to below simply as "the Act") creates a coherent legal framework covering the main issues relating to organ and tissue donation during life and after death. Creation of this legal framework has not been straightforward. The original Bill came before parliament in 1991, but several years of political and public debate followed before the Act was passed in 1996. It was then implemented in phases, coming into full force in September 1998.

The Act regulates donation both during life and after death. Donation during life may include giving bone marrow or a kidney. Giving blood is also a form of donation during life, but this particular type of donation is not covered by the Act. Under the Act, donation during life is permitted subject to a number of very carefully defined conditions. More protection is given to donors (especially minors) than that already afforded by the Medical Treatment Contracts Act. This was felt to be necessary by the legislature because the interests of a third party (the recipient) play a role in the donation of an organ.

In practice, most organ donations are made after the death of the donor. The Act therefore pays considerable attention to the decision-making procedure (who decides whether an organ may be donated, when this decision is made and how) and to determination of the moment at which an organ or tissue may be removed in the event of brain death.

The Act regulates the donation of organs for the medical treatment of others. In this context, "medical treatment" means transplantation. An "organ" is defined as "a part of the human body, other than blood, reproductive cells and embryonic components". In other words, the Act covers not only what are generally referred to as "organs", but also "tissues".

For the English text of the Act please click here.

Top

Latest update: 1 November 2006.