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Full Access Living Organ Donation and Minors: A Major Dilemma

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Living Organ Donation and Minors: A Major Dilemma

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Abstract In this article, the case of living organ donation by minors is discussed. A distinction can be made between minors who are in fact already competent and those who are not. Minors who are in fact competent, should be able to decide on organ donation under the same conditions as competent adults. Incompetent minors could be allowed to act as living organ donors under exceptional circumstances on the basis of a best interest test. Decisions on living organ donation by incompetent minors should be embedded into a procedural framework in which parental consent, the approval of an independent body of health professionals, and the minor’s wishes play a substantial role.

Affiliations: 1: Faculty of Law, University of Antwerp Belgium

Abstract In this article, the case of living organ donation by minors is discussed. A distinction can be made between minors who are in fact already competent and those who are not. Minors who are in fact competent, should be able to decide on organ donation under the same conditions as competent adults. Incompetent minors could be allowed to act as living organ donors under exceptional circumstances on the basis of a best interest test. Decisions on living organ donation by incompetent minors should be embedded into a procedural framework in which parental consent, the approval of an independent body of health professionals, and the minor’s wishes play a substantial role.

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2013-01-01
2016-12-08

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