Law related to Renal Transplant

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Renal transplant is governed by the Transplantation of Human Organs and Tissues Act 1994 and the rules framed therein

Salient features of the law

  • A Coordination Committee is constituted by the State Government to oversee all transplant related issues
  • Only licensed hospitals can conduct renal transplants
  • All Renal transplants require prior approval from the Competent Authority/ Hospital based Authorization Committee/ State Authorization Committee.
  • Live donation from “near relative” - spouse, son, daughter, father, mother, brother, sister, grandfather, grandmother, grandson or granddaughter is encouraged
  • Cadaver transplant is encouraged from brain dead persons
  • Where any human organ, tissue or both are to be removed from the body of the person in the event of his brain stem death, such removal requires the approval of the board of medical experts in the manner prescribed by the Act and the Rules thereunder.
  • In the event of the donor and recipient being 'near relatives' and either of them is a foreign national, the approval of the State Authorization Committee or Hospital based Authorization Committee, (constituted as per the Act and Rules) is mandatory.
  • Unrelated donors who donate for altruistic reasons should be cleared by the authorization committee duly appointed by the Government
  • There shall be no money transactions between donor and recipient. The Act prescribes punishment for persons who are commercially dealing in human organs and also for removal of human organs without authority. 

Transplant between unrelated Donor and Recipient

  • The Act and Rules permit transplantation between unrelated Donor and Recipient who do not fall under the category of near relative as defined under the Act. All other conditions as mentioned above shall remain the same as with a donation of an organ from a near relative.

Cadaver transplant

  • This relates to transplantation of an organ received from a brain dead individual. Once brain death is established, the patient is kept on life support, till the decision to donate is taken. The statutory authority appointed by the government is informed. If the family is willing for the donation, informed consent will be obtained from the next of kin. The statutory authority appointed by the government shall confirm the patient's eligibility for the donation. Doctors approved by the statutory authority appointed by the government will perform a set of tests to certify brain stem death. The statutory authority appointed by the Government shall select the recipient based on the waiting list and tissue matching results.