Law Governing Organ Donation in India

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Law Governing Organ Donation in India

The primary legislation related to organ donation and transplantation in India, Transplantation of Human Organs & Tissues Act, was passed in 1994 and is aimed at regulation of removal, storage and transplantation of human organs for therapeutic purposes and for prevention of commercial dealings in human organs.


Some of the main provisions of the Act are as follows:

  • Brain stem death identified as a form of death. Process and criteria for brain stem death certification defined.
  • Allows transplantation of human organs and tissues from living donors and cadavers (after cardiac or brain stem death).
  • Regulatory and advisory bodies for monitoring transplantation activity and their constitution defined.

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