Living Organ Donation by Minors: An Analysis of the Regulations in EU Member States

• Published in: American Journal of Transplantation
• Main Authors: Thys, Kristof, Van Assche, Kristof, Nys, Herman, Sterckx, Sigrid, Borry, Pascal
• Format: Article in Journal/Newspaper
• Language: English
• Published: Munksgaard International Publishers 2016
• Subjects: Canada; Norway; Iceland
• Online Access: https://lirias.kuleuven.be/handle/123456789/541597; https://doi.org/10.1111/ajt.13868; https://lirias.kuleuven.be/bitstream/123456789/541597/1//IT111-2016-Thys_et_al-2016-American_Journal_of_Transplantation.pdf

Living organ donation (LD) is an increasingly established practice. Whereas in the U.S. and Canada LD by minors has occasionally been reported, LD by minors seems to be largely absent in the European Union. It is currently unclear whether this is the result of a different legal approach. This study is the first to systematically analyze the regulations of EU Member States, Norway and Iceland towards LD by minors. Relevant regulations were identified by searching government websites, translated, compared and sent for verification to national legal experts. We identified five countries where LD by minors is allowed. In two of these (Belgium and the UK) some minors may be deemed sufficiently mature to make an autonomous decision regarding LD. By contrast, in the three other countries (Luxembourg, Norway and Sweden), LD by minors is only allowed subject to parental permission and the assent (or absence of objection) of the donor. Where allowed, regulations differ significantly with regard to the substantive and procedural safeguards in place. In view of the controversial nature of the procedure, as illustrated by recent reports and surveys, we argue for a very cautious approach and greater harmonization in countries where LD by minors is allowed. This article is protected by copyright. All rights reserved. status: published