Organ donation

from Wikipedia, the free encyclopedia
National organ donor memorial in Naarden , Netherlands: “De Klim”, climbing

In the case of an organ donation , human organs are made available for a transplant by the organ donor . Living donations are common practice for kidneys and liver lobes ; such donations are in the experimental phase for wombs . In addition to the donor's consent, living donations are often subject to further-reaching conditions.

The removal of vital organs such as the heart , lungs , pancreas and small intestine is only carried out after death (Latin post mortem ). The legal requirement for this is usually the clear determination of brain death , in some countries the cardiac death criterion is also necessary. In addition, from a legal point of view, contradiction and consent rules compete .

Tissue donations (e.g. cornea ), blood donations , bone marrow donations (blood stem cell donation) and donations of vascularized tissue complexes (e.g. hand or face transplants) are distinguished from organ donation in the narrower sense .

history

In 1954, for the first time, an identical twin brother donated one of his kidneys to his brother as a living donor (syngeneic transplant). This brother survived eight years. The donor brother himself died more than 56 years later, in 2010. The then chief surgeon Joseph Edward Murray received the 1990 Nobel Prize for Medicine .

The first living donation of a pancreas was made in 1979 by a team led by David Sutherland at the University of Minnesota in Minneapolis .

Living liver donations have been carried out since 1995 . By 2012, over half a million kidneys had been transplanted worldwide.

Medical practice

Organ donation in the narrower sense concerns solid human organs. The situation is different with tissue donation , in which blood components , corneas , heart valves , bone tissue , cartilage tissue , ossicles , skin or tendons are removed.

Organ quality

A number of factors determine the quality of an organ (and thus, in addition to the compatibility of the organ with the recipient, the degree of success of a transplant). The two most important are organ age and certain comorbidities of the donor.

The age of the donor is less relevant than the condition of the organs. The suitability of organs for transplantation should be checked medically on a case-by-case basis.

Contraindications

Organ donation is prohibited if the donor suffers from metastatic cancer, an active and consuming infection, Creutzfeldt-Jakob disease or other prion diseases or a chronic organ dysfunction.

Because an infection with HIV is no longer an absolute contraindication for transplants, deceased HIV-infected people can also be used as donors for HIV-infected potential recipients, although this is sometimes legal - e.g. B. in the United States - is prohibited.

Some contraindications are organ-specific. People infected with hepatitis B or  C are not available for liver donation.

Drug addiction is not an unconditional contraindication to organ donation.

Types of donation

In principle, a distinction can be made between donor organs, which can only be removed from a dead person, and those which can also be transferred through a living donation. As a rule, organs from living donations achieve greater success in transplantation.

A distinction can be made between autologous, allogeneic, syngeneic, xenogenic and alloplastic transplantation. In an autologous transplant, the organ donor and recipient are the same person (e.g. skin graft in the event of a burn). In an allogeneic transplant, the donor and recipient are two different people. Allogeneic transplantation is the most common type of transplant in the world. Syngeneic transplants between identical twins are a special case; here the donor and recipient are genetically identical. Xenogenic transplants take place between representatives of different species. That means organs are transplanted from animals to humans. This also includes inserting pig heart valves into the human heart.

Living donation

With living donation, a living person donates one of their organs or the required cells. These are either paired or segmented organs or organs with a high regenerative capacity.

Basically, a distinction is made between living donations from close blood relatives and "foreign donors" who are usually not in personal contact with the recipient, so-called living unrelated donors (LURD) . The transplant successes usually do not differ significantly or at least not significantly from one another.

Kidneys and liver are donated by living people . Parts of the pancreas , intestines and lungs have also been transplanted after living donations.

The uterus can now also be temporarily transplanted for the birth of a child .

kidney

The living kidney donation is the most common form of living donation, since this organ in the body is present in pairs and thus the donor does not lose his kidney function. Live donor kidney transplants show significantly greater success than cadaveric kidney transplants. Women donate between two and eight times more often than men. Less invasive laparoscopic types of harvesting led to more frequent serious complications in the early days of the 21st century, but are now as safe as conventional open surgical interventions, but lead to a somewhat longer warm ischemia period without any previously demonstrable consequences for the organ quality Has. Both types of intervention therefore play a legitimate role in clinical practice. Perioperative mortality is around 0.02 to 0.05%; the long-term mortality of kidney donors is not higher than that of comparable age cohorts .

liver

Another organ in which living donations are playing an increasing role is the regenerative liver, only part of which can be donated.

Post-mortem donation

Post mortem, hearts , limbs (e.g. hand transplants ) and the face are also harvested for transplantation. There were first attempts with uterine donations in Saudi Arabia and Turkey; Such a program is also under way in Sweden. Organs for transplantation are usually removed when brain death is proven. In some countries, mostly as an alternative, organs are also removed after cardiac death , mainly kidneys and, more rarely, livers. Until the preparations for the removal operation have been completed, the donor's body will be treated as part of the organ-protective intensive therapy.

Before brain death criteria developed at Harvard University in 1968 gained wide acceptance, cardiac death was the premise of most post-mortem organ donations. Thereafter, brain death became by far the most common pre-exploration diagnosis in most transplant medicine states. Only in countries like Japan, which do not recognize brain death, cardiac death remained the standard criterion for post-mortem organ removal. Only because of the worsening of the organ shortage, in some other countries (e.g. USA, Netherlands) since the 1990s, there has been an increasing number of withdrawals after an irreversible cardiac arrest without a determination of brain death. In Switzerland and, since the end of 2013, in Austria, brain death must also be determined before removal after an irreversible cardiac arrest. In Germany, organ exploration after cardiac death is prohibited.

Brain death can be determined by clinical examinations in a primarily supratentorial ( cerebral ) lesion (coma, absence of all brainstem reflexes and failure of spontaneous breathing). These observations must be proven over a certain period of time - between four and 72 hours, depending on the jurisdiction and the type of brain damage, with secondary brain damage usually requiring longer periods of time. Alternatively, technical examinations to prove irreversibility are possible and common: either a zero-line EEG for at least 30 minutes, or evoked potentials that have been extinguished on both sides , or proof of the lack of cerebral blood flow by means of Doppler sonography or perfusion scintigraphy. In the case of primarily infratentorial ( brain stem , cerebellar ) lesions, an additional technical examination (EEG or sonography) is often mandatory.

Organ donation usually does not make burial difficult or hinder it .

ethics

A number of ethical positions exist with regard to organ donation.

Organ deficiency

There has been a shortage of donor organs since the beginning of the history of transplants. In order to ensure the balanced distribution of post-mortem donated organs, organizations have been set up to keep donor databases. Here, the donor organs are checked for their medical compatibility with potential recipients and according to other criteria, such as B. Urgency ("sickest-first" principle) and prospect of success (gain in years of life with a certain quality of life) assigned to one or more suitable recipients.

Waiting times for a donor kidney vary depending on the political context. In Germany, for example, they have risen continuously in recent years and were around six to eight years at the beginning of 2005. Potential organ recipients die of their illnesses during the waiting period. Reasons for the long waiting time include: a. the decline in fatal road traffic accidents and the increased general life expectancy , which is leading to an increase in diseases that can only be treated with a transplant. In addition, as technology advances, more and more transplants are considered feasible by medical professionals.

Another reason given for the lack of organs is legal regulations that prevented more numerous donations. For example, the National Ethics Council of Germany points out that only a small percentage of the population even knew about the valid consent regulation and thus filled out an organ donor card . If the situation arises that the donor is brain dead and his organs could be transplanted, doctors would have to ask the relatives for permission while still in the intensive care unit. This is often not done for reasons of piety.

The German Foundation for Organ Transplantation (DSO) counted 637 donors in Germany from January to September 2016. According to the foundation, there were 797 donors throughout 2017; it was the lowest number in 20 years (2007 according to DOS 1313).

The Eurotransplant Foundation named 769 donations for 2017. It only counts donations that are found to be suitable for transplantation after the organ removal and that are actually being transplanted.

Post mortem donations

Postmortem donations raise two specific ethical problems: First, there is the question of the occurrence of death . Then it must be checked who decides under what circumstances whether an organ removal may be carried out. Ultimately, it is important to assess the situation of the bereaved .

Onset of death

In the case of post-mortem donations, the occurrence of death must also be specified. In practice, brain death is the common criterion for organ removal . As an example of many medical professionals involved in transplantation processes, the medical coordinator of the DSO describes brain death as “the safest diagnosis that can be made”. In contrast, parts of the German population doubt the reliability of the diagnosis. They fear that potential donors for the purpose of organ removal will be declared dead too early. Representatives of an ethic embodied by the philosopher Hans Jonas take a more fundamental opposing position : They defend the position that the human person cannot be separated from his body or can only be located in the brain. There are also indications that people in Germany are often wrongly declared to be brain dead.

Decision-making authority

In principle, a distinction is made between four models of post-mortem organ donation:

  • Consent regulations
allow post-mortem organ removal only if the deceased has expressly declared during his lifetime - for example with the help of an organ donor card - that he wants to be an organ donor after death. With extended consent regulations , certain persons, mostly surviving dependents, can also consent after the death of the organ donor. No European country today practices the narrow form of consent regulation.
With regard to the potential group of donors, contradiction rules (including contradiction solutions ) are broader in which all deceased persons who have not expressly objected to a post-mortem donation during their lifetime are eligible as donors.
Extended objection regulations also give certain surviving dependents the right to act as messengers of the will of the deceased during their lifetime after the death of the potential donor.
  • Information regulations
form a special sub-type of the extended opposition rule. For those, the will of the potential donor expressed during their lifetime applies. If this is not known, an organ removal is considered permissible if certain surviving dependents are informed and do not object within a certain period of time.
  • Emergency regulations
allow organs to be removed even if there is an objection - whether from the donor or his relatives - in any case.

Situation of relatives

Opponents of organ donation complain that relatives are forced to make a decision by the clinic staff after an accident, although they are still in a state of shock. However, in countries in which certain relatives are given a say under specific conditions, such an approach is mandatory.

Organ trafficking

Organ trafficking is prohibited in most states. Exceptions are Iran and the Philippines, which have institutionalized a regulated organ market . Guyana has no laws against organ trafficking, so there are organ purchases. In addition, Bolivia, Pakistan, Peru and Albania are also frequently mentioned in connection with organ trafficking. In order to prevent organ trafficking in living donations, many organ removal regulations only provide for a certain group of people. These are mostly close relatives or people who may be personally connected to the donor.

politics

The various ethical questions are primarily discussed by two types of groups: On the one hand, there are ideological groups that deal with ethical questions of all kinds and, on the other hand, groups from the health care sector who are confronted with organ donation issues because of their work or because of their own concern.

Philosophical groupings

Christianity

The Christian churches refused to donate organs until the 1950s with a view to the mutilation of corpses. Today, most major Christian churches hold the view that the charitable decision to donate organs takes precedence over the corpse's physical integrity. All that is pointed out is the need to treat the dead donor and his relatives with dignity and the voluntary nature of his donation. For this reason, among other things, the model of an objection regulation is viewed critically.

From the point of view of the Roman Catholic Church, the actual death of the donor is an indispensable prerequisite for organ donation. Pope John Paul II has named inadmissible conditions for organ removal in connection with the forms of euthanasia: “They could occur, for example, if, in order to have more organs available for transplants, the removal of these organs without them to respect objective and reasonable criteria for the determination of the death of the donor. ”Pope Benedict XVI. has made it clear that if there is no certainty, the principle of caution must prevail. Only under these conditions can organ donation be seen as an act of charity. The required death condition corresponds to the Catechism of the Catholic Church KKK 2296 and the Compendium 476.

In 1990 the German Bishops' Conference and the Council of the Evangelical Church in Germany brought out their first joint publication, "Organ Transplantations". It says on page 10f: “Death of the brain, like death of the heart, means the death of a person. With brain death, a person lacks the irreplaceable and irrecoverable physical basis for his spiritual existence in this world. The human spirit, unique among all living beings, is physically bound exclusively to the brain. A brain-dead person can never again make, process and answer an observation or perception, never again form a thought, pursue and express it, never again feel and show an emotion, never again decide anything. ... So brain death means something crucially different than just remaining unconsciousness, which alone does not make up human death. ”The final sentence of this joint declaration reads:“ From a Christian point of view, the willingness to donate organs after death is a sign of charity and Solidarity with the sick and disabled. "

On April 27, 2015, the German Bishops' Conference published the working aid “Brain death and organ donation”. It says on page 6: “According to the current state of science, the brain death criterion in the sense of whole brain death - if it is properly applied in practice - represents the best and safest criterion for determining the death of a person, so that potential organ donors can rightly assume that at the time of organ removal they are really dead and not just dying. ... The decision to donate one's own organs post-mortem represents a generous act of charity, which as such should remain free from all social pressure. "

On the day of organ donation in 2020, which only took place virtually due to the coronavirus pandemic , an article appeared in the Catholic Sunday newspaper with quotes from two popes on organ donation: Pope Benedict XVI. In 2008 she called a “special form of charity”. In 2019, Pope Francis called it an "expression of universal brotherhood".

Judaism

In Jewish ethics, the strict prohibition against mutilating a corpse speaks against organ donation. On the other hand, the duty to save a person's life takes precedence over almost all other commandments in Judaism. That is why organ transplantation is advocated in progressive Judaism and, if a specific recipient needs the organ, also in Orthodox Judaism. (The religious affiliation of the donor and recipient is not considered relevant.)

Islam

The strongest argument in the Qur'an for organ donation is found in sura 5:32: "And if someone keeps [a person] alive, it is as if he kept all people alive." On the basis that organ donation lives save, all other theological reasons that would speak against organ donation can be overridden. On the other hand, it can be objected that kidney donations are not life-saving due to the possibility of dialysis and that Islam attaches great importance to the sanctity of the body. Likewise, “ Allah's Foresight ” is highly valued and so the salvation of the doomed may thwart Allah's plans.

In 1966, the Egyptian Grand Mufti issued the first fatwa that allowed organ donation. Since 1986 at a conference of Islamic legal scholars in Amman, brain death was equated with cardiac death in a fatwa, propaganda campaigns for post-mortem organ donation have been carried out in a number of primarily Islamic countries.

The willingness to donate among Muslims in Germany is assessed by doctors as very low, while it is higher in Islamic countries. According to some Islamic legal scholars, organ donation from a non-Muslim to a Muslim is possible, but not the other way around. The very high probability in Germany that the organ will go to a non-Muslim could partly explain the low willingness to donate. However, some legal scholars take a different view and consider transplants to be possible even to non-Muslims.

Confucianism

Due to the respect for parents ( filial piety ) there are reservations against organ donation, both when relatives decide whether the organs of the deceased parents should be released for donation, but above all, according to Confucius, the body is a gift from the parents, so that their Children have a duty to keep it intact. On the other hand, there is encouragement from Confucian scholars for organ donation on the basis of charity as one of the five central virtues of Confucianism.

taoism

According to Taoism, organ donations are rejected for several reasons. On the one hand, organ donation is seen as acting against the natural course of things ( wu wei ), on the other hand, an operation disrupts the natural flow of qi s of the body and is unnatural, and ultimately death is only viewed as a different form of life, so that organ removal violates the integrity of the body in this afterlife.

In favor of organ donation, however, would be that the body is only a vessel of the spirit and that an organ donation therefore has no influence on the principles of dao and de as the essence of life, and that a donation is natural as an expression of self-sacrifice in order to save another life.

Anthroposophy

Since organ transplantation can lead to the removal of a large number of organs from the human body, which the donor did not intend, postmortem organ removal is viewed very critically by representatives of anthroposophy . From the perspective of anthroposophic medicine , the criterion of brain death is also very doubtful. Consent to organ donation is therefore not recommended. In contrast, the living donation of organs is viewed positively.

Economy

Because there is no free organ trade, organ donations can only be economically assessed according to their benefit in comparison to substitution services such as dialysis in relation to kidney donations. This shows that kidney transplants are significantly cheaper than comparable dialysis in the long term and with average organ survival. For the United States, this is estimated to be a saving of US $ 94,000 per kidney donated, which does not include the value of quality-adjusted lifetime gained . Even with very conservative estimates, this value is around US $ 50,000 (€ 42,205) per year of organ survival with a current half-life of around ten years. On the other hand, even with live kidney donations, there are no more than about US $ 20,000 in direct costs and a very small, unquantified health risk for the donor.

From a utilitarian point of view, the non-utilization of transplantable organs from corpses means the routine destruction of a very valuable resource. In order to remedy the shortage of organs, it is therefore discussed to offer selective incentives for registration for post-mortem organ donation.

practice

Regional transplant networks:
E urotransplant S candiatransplant B alttransplant





Organ donation practices are largely national, although there may be sub-national practices in countries with strong constituent states (e.g. Canada or Switzerland). There are also international organ donation distribution organizations, such as Eurotransplant , Scandiatransplant and Balttransplant in Europe . In Latin America, Grupo Punta Cana tries to coordinate organ transplants internationally.

overview

The following table gives an overview of the global situation of the existing regulations for organ donation.

State / Country regulation Enactment
Death
criterion
Donor rate
post mortem Living donations
E. E urotransplant countries
E. GermanyGermany Germany Consent regulation 1997 (2012) 000000000000015.800000000015.8 0000000000000009.20000000009.2
E. AustriaAustria Austria Objection regulation 1982 000000000000023.300000000023.3 0000000000000007.30000000007.3
E. BelgiumBelgium Belgium Objection regulation 1986 ∅ ♠ 000000000000020.500000000020.5 0000000000000007.60000000007.6
E. NetherlandsNetherlands Netherlands Objection regulation 2018 ∅ ♠ 000000000000013.700000000013.7 000000000000028.700000000028.7
E. LuxembourgLuxembourg Luxembourg Objection regulation 1982 0000000000000006.00000000006.0 0000000000000000.00000000000
E. CroatiaCroatia Croatia Objection regulation 1989 (2000) 000000000000030.700000000030.7 0000000000000005.00000000005.0
E. SloveniaSlovenia Slovenia Objection regulation 1996 (2000) 000000000000020.500000000020.5 0000000000000000.00000000000
E. HungaryHungary Hungary Objection regulation 1972 000000000000015.900000000015.9 0000000000000004.30000000004.3
S. S candiatransplant countries
S. DenmarkDenmark Denmark Consent regulation 1990 0000000000000005.60000000005.6 000000000000018.200000000018.2
S. FinlandFinland Finland Objection regulation 1985 000000000000017.000000000017.0 0000000000000002.00000000002.0
S. IcelandIceland Iceland Consent regulation 1991 000000000000010.000000000010.0 000000000000016.200000000016.2
S. NorwayNorway Norway Objection regulation 1973 000000000000020.800000000020.8 000000000000016.900000000016.9
S. SwedenSweden Sweden Information regulation 1996 000000000000012.600000000012.6 000000000000018.700000000018.7
B. B old transplant countries
B. EstoniaEstonia Estonia Objection regulation 2002 000000000000025.400000000025.4 0000000000000003.10000000003.1
B. LatviaLatvia Latvia Objection regulation 000000000000014.800000000014.8 0000000000000000.90000000000.9
B. LithuaniaLithuania Lithuania Consent regulation 000000000000010.900000000010.9 0000000000000002.40000000002.4
Rest of Western European countries
SwitzerlandSwitzerland Switzerland Consent regulation 2007 000000000000012.600000000012.6 000000000000014.700000000014.7
LiechtensteinLiechtenstein Liechtenstein Information regulation 2012
SpainSpain Spain Objection regulation 1979 000000000000032.000000000032.0 0000000000000005.50000000005.5
PortugalPortugal Portugal Objection regulation 1993 000000000000030.200000000030.2 0000000000000004.80000000004.8
FranceFrance France Objection regulation 1976 (1994) 000000000000023.800000000023.8 0000000000000004.60000000004.6
IrelandIreland Ireland Consent regulation - 000000000000012.600000000012.6 0000000000000005.00000000005.0
ItalyItaly Italy Objection regulation 1967 (1999) ∅ ♠ 000000000000021.600000000021.6 0000000000000003.20000000003.2
United KingdomUnited Kingdom United Kingdom Consent regulation 1961 (1989) 000000000000016.400000000016.4 000000000000017.000000000017.0
Rest of southern and eastern European countries
TurkeyTurkey Turkey Information regulation 1979 0000000000000003.60000000003.6 000000000000034.300000000034.3
AlbaniaAlbania Albania no
BulgariaBulgaria Bulgaria Objection regulation 1996 0000000000000002.70000000002.7 0000000000000001.90000000001.9
GeorgiaGeorgia Georgia 0000000000000001.80000000001.8
GreeceGreece Greece Consent regulation 0000000000000003.90000000003.9 0000000000000002.40000000002.4
KosovoKosovo Kosovo no
MaltaMalta Malta Consent regulation - 000000000000022.500000000022.5 0000000000000007.50000000007.5
Moldova RepublicRepublic of Moldova Moldova 0000000000000000.00000000000 0000000000000000.00000000000
North MacedoniaNorth Macedonia North Macedonia 1995 (2008) 0000000000000000.00000000000 0000000000000006.00000000006.0
PolandPoland Poland Objection regulation 1990 000000000000013.300000000013.3 0000000000000001.80000000001.8
RomaniaRomania Romania Consent regulation 1998 0000000000000003.30000000003.3 0000000000000004.60000000004.6
RussiaRussia Russia Objection regulation 1992 (2007) 0000000000000002.60000000002.6 0000000000000001.40000000001.4
SlovakiaSlovakia Slovakia Objection regulation 1994 000000000000016.800000000016.8 0000000000000001.30000000001.3
Czech RepublicCzech Republic Czech Republic Objection regulation 1984 (2002) 000000000000019.600000000019.6 0000000000000001.60000000001.6
UkraineUkraine Ukraine Consent regulation 1999 0000000000000000.30000000000.3 0000000000000001.90000000001.9
BelarusBelarus Belarus Objection regulation 0000000000000008.50000000008.5
Cyprus RepublicRepublic of Cyprus Cyprus Objection regulation 1987 0000000000000004.40000000004.4 000000000000026.700000000026.7
Arabic countries
AlgeriaAlgeria Algeria Objection regulation 1990 0000000000000000.03000000000.03 0000000000000002.90000000002.9
BahrainBahrain Bahrain Objection regulation 1998 0000000000000004.00000000004.0
BruneiBrunei Brunei 0000000000000000.00000000000 000000000000011.000000000011.0
QatarQatar Qatar Objection regulation 1997 0000000000000002.40000000002.4 0000000000000001.60000000001.6
JordanJordan Jordan 000000000000029.000000000029
LebanonLebanon Lebanon Consent regulation 1983 0000000000000000.50000000000.5 000000000000016.300000000016.3
MoroccoMorocco Morocco Objection regulation 1998 0000000000000000.00000000000 0000000000000000.30000000000.3
Palastina autonomous areasPalestine Palestine no - 0000000000000000.00000000000 0000000000000001.60000000001.6
SyriaSyria Syria 2003 0000000000000000.00000000000 000000000000017.000000000017.0
Saudi ArabiaSaudi Arabia Saudi Arabia Consent regulation 2004 0000000000000002.70000000002.7 000000000000020.100000000020.1
TunisiaTunisia Tunisia Objection regulation 1991 0000000000000001.50000000001.5 000000000000010.500000000010.5
Rest of Asian countries
BangladeshBangladesh Bangladesh 0000000000000000.90000000000.9
Hong KongHong Kong Hong Kong 0000000000000004.20000000004.2 0000000000000006.60000000006.6
IndiaIndia India Consent regulation
IranIran Iran 2000 0000000000000004.10000000004.1 000000000000022.400000000022.4
IsraelIsrael Israel Objection regulation 1953 0000000000000008.00000000008.0 000000000000011.000000000011.0
JapanJapan Japan Objection regulation 2010 ∅ ♠ 0000000000000000.80000000000.8
MalaysiaMalaysia Malaysia Consent regulation 0000000000000000.90000000000.9 0000000000000001.20000000001.2
America
United StatesUnited States United States Consent regulation 1968 (1987) ∅ ♠ 000000000000025.000000000025.0 000000000000020.600000000020.6
ArgentinaArgentina Argentina Objection regulation 2005 000000000000014.500000000014.5 0000000000000006.70000000006.7
BrazilBrazil Brazil Consent regulation 1968 (1997) 0000000000000009.90000000009.9 0000000000000009.30000000009.3
BoliviaBolivia Bolivia Consent regulation 1996 0000000000000001.40000000001.4 0000000000000005.00000000005.0
ChileChile Chile Objection regulation 2010 0000000000000005.40000000005.4 0000000000000002.60000000002.6
Costa RicaCosta Rica Costa Rica Objection regulation 1994 0000000000000003.50000000003.5 000000000000020.200000000020.2
Dominican RepublicDominican Republic Dominican Republic Objection regulation 1998 (2004) 0000000000000001.10000000001.1 0000000000000002.80000000002.8
EcuadorEcuador Ecuador Objection regulation 1994 (2001) 0000000000000002.50000000002.5 0000000000000003.70000000003.7
El SalvadorEl Salvador El Salvador Consent regulation 1994 (2001) 0000000000000000.00000000000 0000000000000005.50000000005.5
GuatemalaGuatemala Guatemala Consent regulation 1996 0000000000000006.10000000006.1 0000000000000005.20000000005.2
HondurasHonduras Honduras Consent regulation 1984 0000000000000000.30000000000.3 0000000000000000.00000000000
CanadaCanada Canada Consent regulation 1980 000000000000014.500000000014.5 000000000000016.100000000016.1
ColombiaColombia Colombia Objection regulation 1998 000000000000012.300000000012.3 0000000000000001.50000000001.5
CubaCuba Cuba Consent regulation 1983 (1995) 0000000000000009.90000000009.9 0000000000000000.50000000000.5
MexicoMexico Mexico Consent regulation 1984 0000000000000002.80000000002.8 000000000000016.200000000016.2
NicaraguaNicaragua Nicaragua 0000000000000000.00000000000 0000000000000001.70000000001.7
PanamaPanama Panama Objection regulation 1983 (1998) 0000000000000003.70000000003.7 0000000000000003.70000000003.7
ParaguayParaguay Paraguay Objection regulation 2000 0000000000000004.50000000004.5 0000000000000002.80000000002.8
PeruPeru Peru Objection regulation 1974 (2004) 0000000000000006.00000000006.0 0000000000000002.90000000002.9
Puerto RicoPuerto Rico Puerto Rico Consent regulation 1974
UruguayUruguay Uruguay Consent regulation 1971 000000000000014.400000000014.4 0000000000000000.90000000000.9
VenezuelaVenezuela Venezuela Consent regulation 1972 (1992) 0000000000000003.40000000003.4 0000000000000003.20000000003.2
Australia and New Zealand
AustraliaAustralia Australia Consent regulation 1987 000000000000013.500000000013.5 000000000000013.300000000013.3
New ZealandNew Zealand New Zealand Consent regulation 1964 0000000000000008.80000000008.8 000000000000015.300000000015.3
  1. Last amendment to the law in brackets.
  2. ∅ = brain death
    ♠ = cardiac death
  3. Per one million inhabitants. Data for the data collection year 2010.
  4. From 1967 to 1990 an objection regulation was in force.
  5. From 1987 to 1996 a consent regulation was in place.
  6. If the deceased's will is unknown, the attending physician must consult the next of kin regarding the will.
  7. a b c Practice, there is no explicit legal regulation.
  8. ↑ The family can override the deceased's wishes.
  9. Relatives must agree in writing.
  10. From 1978 until after 2004 an objection regulation was in force.
  11. The emergency solution was in effect from 1954 to 1992.
  12. a b c d e f data from the data collection year 2008.
  13. a b c d e f g h i j k data for the data collection year 2005.
  14. Data from data collection year 2006 only for kidneys
  15. a b data for the data collection year 2011.
  16. Data for the data collection year 2009.
  17. Iran has a government-regulated market for living donor organs.
  18. Certain relatives can object to post-mortem organ removal.
  19. Previously consent regulation; Laws introduced in 1983 (1996).
  20. Data for the data collection year 2003.
  21. ↑ Start of regulation varies by state; prior to 1980, the following states had approval regimes: Alberta 1967; British Columbia 1974; New Brunswick 1973; Newfoundland 1966; Nova Scotia 1964.
  22. The extended objection rule applies to fatalities caused by violence.

The legal situation is an important factor for the rate of empirical donor populations: States with objection regulations have (under otherwise identical circumstances) a higher proportion of post-mortem donors than those with consent regulations. Other well-known influencing factors on the rate of donation are the proportion of (formally) highly educated people - operationalized as graduates of tertiary school types - and the number of transplant centers per inhabitant as a proxy for the state of the art in transplant medicine. Roman Catholic states also correlate positively with donor rates. The so-called Spanish model , which has been used as a model for many regulations in Latin America, has proven to be particularly successful in terms of the donor quota .

States in the Eurotransplant network

Although the Benelux countries, Germany, Austria, Slovenia, Croatia and Hungary have historically implemented very different donation practices and thus have very different donation volumes, these countries distribute the donor organs that have explanted within their borders together via Eurotransplant .

Germany

The Transplantation Act ( TPG ) forms the legal framework for organ donations in Germany. Tissue donations by the tissue law regulated.

Pursuant to Section 2, Paragraph 2, Clause 3 of the TPG, persons who are capable of giving consent can consent to an organ donation from the age of 16 or declare the transfer of the decision to third parties effective, and object to an organ donation from the age of 14 .

The donation of an organ that cannot form again is possible during lifetime for first- or second-degree relatives , spouses , registered partners , fiancés or people who are personally close to the donor. The interpretation of the legal concept of special personal ties is controversial. Sometimes a biographically grown connection is required. The jurisprudence is satisfied with a prognostic decision. Since the wording of the law does not presuppose an identity of the explanted and the implanted organ, cross-living donation is permitted without a bond between the respective couples. The prospective donor must be informed in writing about the type and scope of the intervention and the possible, also indirect, consequences of organ removal for the donor's health, as well as the expected success of the organ transfer on the recipient and all other circumstances for which he is recognizable his organ donation is carried out by two doctors, one of whom is not allowed to be involved in organ removal. In addition, a life donor must agree to take part in medically recommended follow-up care. A revocation of consent is also effective orally at any time.

A commission formed in accordance with state law must also assess whether there are “substantiated factual indications” that an organ donation would be made under duress or against financial remuneration . The commission includes a doctor who is also not indirectly involved in the transplantation, a person qualified to be a judge and a person experienced in psychological issues.

At the end of 1997, an extended consent regulation was established for the donation of corpses: organs from a dead person may be removed if either the deceased has spoken out in favor of an organ donation during his lifetime or the next of kin consent to the organ removal. The relatives are also bound by the presumed will of the deceased. In 2011, around 35% of organ donors had clearly spoken out in favor of a donation during their lifetime.

The coordination office according to § 11  TPG, the German Organ Transplantation Foundation (DSO), organizes all steps of the organ donation process including the transport of the organs to the recipients. Eurotransplant is responsible for finding a partner for donors and recipients for post-mortem donations . The mediation of the organs takes place according to political and medical aspects.

Legislative reforms

In mid-2012, the Bundestag decided with a large majority and with the consent of the Bundesrat to reform the organ donation regulations. Since November 1, 2012, statutory and private health insurances have been obliged to question all health insured persons aged 16 and over every two years about their attitude towards post-mortem organ donation within the framework of the so-called decision - making system . The electronic health card should be able to be used on a voluntary basis to save the information.

In the wake of the Göttingen organ donation scandal , the Transplantation Act continued to be widely discussed in public.

On April 1, 2019, the Federal Minister of Health Jens Spahn and a number of members of parliament presented the draft for a law "regulating the double contradiction solution in the Transplantation Act" in Germany. An alternative proposal was presented on May 6 by other members of the Bundestag.

On January 16, 2020, the majority of the German parliament voted against an objection solution and a majority for the extended consent solution .

Public discussion

In the run-up to the legal reform, proponents of organ donation, such as the German Medical Association or the National Ethics Council , spoke out in favor of a change to remedy the shortage of donor organs in Germany. In their opinion, a combination of decision-making and objection rules should find their way into legislation.

From February to April 2011, 1165 students from grammar schools in Mainz between the ages of 14 and 20 were questioned about brain death and organ donation. It is noticeable that 63 percent of those questioned are in favor of post-mortem organ donation, but only 11.3% have an organ donor card. Among those who refused to donate organs, 72.4% cited an information deficit as the reason for refusal. Knowledge questions about brain death were sometimes answered incorrectly by more than half of the respondents, which shows that this deficit is not entirely subjective.

Empiricism

Deceased who have been diagnosed with brain death and who have no medical contraindications are potential organ donors. In 2001, 54% of these had an organ donation. In 39% there was no documented will of the deceased and the organ donation was refused by the relatives. Circulatory failure occurred in 4% of the cases. In 2001, 5.2% of the organ donors had an organ donation card and 8.8% had otherwise documented their will, in 78% of the cases the organ donation was legitimized by the relatives.

In 2009, 1,888 potential organ donors were reported. If relatives have already signaled their rejection before the brain death determination, this person has not been reported as a potential organ donor since 2006. In 565 of these cases, the organ donation was rejected in the relatives' interview. In 63 cases, the organ removal was stopped because, for example, a tumor was found. In 24 cases there were other medical reasons, in 19 cases other reasons. There remained 1,217 actual organ donors. That's 64%.

The table gives an overview of organ donations carried out in Germany. In the upper part the post-mortem donations are listed, followed by the living donations. In 2012, two live lung donations were carried out for the first time at the Hannover Medical School in Germany.

organ 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
kidney 1902 1961 1992 1865 1851 1940 1865 2081 1974 2190 2246 2320 2167 2144 2250 2036 1789 1512 1481 1521 1461 1334 1607
heart 479 507 482 441 370 374 348 339 355 366 385 377 369 347 385 362 318 300 294 278 286 251 295
liver 535 549 581 590 589 608 610 700 779 844 917 1042 1007 1039 1114 1040 919 773 763 730 725 674 779
lung 82 94 129 123 123 135 186 194 221 238 236 264 265 254 290 313 339 327 330 270 297 264 338
Pancreas (pancreas) 91 112 147 189 202 176 154 176 174 152 140 131 127 108 155 160 141 119 114 101 94 70 91
Small intestine 6th 6th 5 3 1 6th 10 5 11 6th 5 4th 7th 1 4th 1 3
Total donations 3089 3223 3331 3208 3135 3233 3169 3496 3508 3777 3925 4140 3945 3897 4205 3917 3511 3035 2989 2901 2867 2594 3113
Living donations (kidney and partial liver) 139 303 368 421 436 483 532 479 553 600 605 627 620 660 756 866 844 808 678 690 647 605 690
Total (Germany) 3228 3526 3699 3629 3571 3716 3701 3975 4061 4377 4530 4767 4565 4557 4961 4783 4355 3843 3667 3592 3514 3199 3803
organ 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
Mass media reception

The topic of organ donation is regularly featured in the German mass media . Current fates are often the trigger for reporting in the local media, the topic is gaining increased attention nationally in the context of the planned news around the day of organ donation .

Reasons for increased media attention were the living kidney donation by top politician Frank-Walter Steinmeier in 2010 and the Göttingen organ donation scandal in 2012 .

In the past, allegations have also been raised against the DSO because of an alleged “self-service mentality” and faulty structure, which could not be refuted even by an investigative commission (Le Ker, Spiegel Online 2012, Kuhrt, Spiegel Online 2012). Not least as a reaction to these scandals and the resulting decline in donor numbers in Germany, the so-called “organ donation reform” came into force on November 1, 2012 (see “Law regulating decision-making solutions”).

GDR

In the GDR , organ removal was regulated from July 4, 1975 by the regulation on organ transplants .

The regulation introduced the objection regime. This means that "the removal of organs from the deceased for transplantation purposes [...] was permitted if the deceased did not make any other provisions during his lifetime". As today, the doctors' involvement in the transplant was excluded if they had previously been involved in establishing the death. The determination of death itself was done by a "collective of doctors that had to prepare a protocol about this".

A living donation was also regulated by the ordinance. The donor was allowed to make consent conditional on transplanting the organ to a specific person.

On August 5, 1987, the regulation for better material security for the donor was reorganized; the new version came into force on October 1, 1987. The regulation became obsolete by the Unification Treaty on October 3, 1990.

Austria

In Austria the objection regulation applies. The Hospitals Act has provided the legal basis for this since 1982 .

The Austrian transplant law also applies to foreigners regardless of their place of origin. That is why the Austrian Federal Institute for Health Care, as the central objection body, also plans to include foreigners in the (non-) donor files.

Belgium

Belgium has been practicing an extended contradiction solution for post-mortem donations since 1986.

Netherlands

Until 1998 there was no specific law for organ donation in the Netherlands and so an extended consent solution was regulated via the 1869 law on the handling of corpses.

In 1998, following a referendum, an extended consent solution for corpse donations was introduced, in which the next of kin may impute the unknown will of the deceased. At the same time, the state started a campaign for inclusion in an organ donation register. In order to remedy the shortage of organs, since the 1980s, in addition to brain deaths, heart deaths have been increasingly considered as organ donors.

The fake show De Grote Donorshow, produced for the Dutch public, attracted a lot of international attention. On the show, three patients waiting for an organ donation allegedly played about the kidneys of a donor. The program polarized the public beyond the borders of the Netherlands.

Denmark

The first (post-mortem) kidney donation was made in Denmark in 1964.

Although the first Danish transplant law did not provide a clear answer to the question of the death criterion, first respiratory arrest was absolutely necessary for post-mortem organ removal. Since 1990, brain death has been recognized as part of organ donation. A consent regulation applies which, if the donor does not consent, allows the relatives to make a decision instead of them during their lifetime. Since 1990, it has been possible to enter the consent to donate organs post mortem in the Danish organ donor register during one's lifetime , whereby since 2000 different types of consent or rejection can be registered. Only seven percent of the mostly online registrants fundamentally refuse to donate organs.

Switzerland

The Swiss Transplantation Act passed in 2004 came into force on July 1, 2007. The law is based on a corresponding constitutional article in the federal constitution. Switzerland is one of the last countries in Europe to have introduced a transplant law. A partial revision of the law has been underway since 2008.

The law provides for the extended consent solution. Patients must therefore have expressly declared their willingness to donate before their death. If there is no such expression of will, the relatives decide.

Before the Transplantation Act was passed, there was no uniform regulation of transplant medicine by the federal government and the cantons had the relevant legislative competence. However, the cantonal regulations were inconsistent, so that in 1995 two motions called for a statutory regulation at the federal level. Before the law was introduced, a federal decree on the control of blood, blood products and transplants was passed in 1996.

The federal popular initiative "Promote organ donation - save lives", which calls for the introduction of the objection regulation, came about in April 2019. In the same year a nationwide referendum was announced if the initiative is not withdrawn on the basis of a counter-proposal.

Spain

Spain has a particularly successful organ donation program that produces the world's highest donation rates. In 2017 there were 46.9 donors for every million inhabitants. This program - sometimes called the Spanish model - has had a major impact on Latin American countries and is currently used as the model for Nicaragua.

The Spanish population has a very positive view of post-mortem donations: around 80 to 85 percent of Spaniards said they would be willing to have organs removed after death.

Portugal

In Portugal, until a person has not expressed their objection to organ donation, they are deemed to have consented to post-mortem donation. Before the organs are removed, a discussion takes place with the family to find out the will of the deceased.

Turkey

There is an extended consent solution for post-mortem donations in Turkey. In the case of living donations, it is unusual that in addition to the donor's consent, the spouses of the donor and recipient must also be informed.

Southeast Europe

In 2011, a study of 36 patients from Kosovo, Macedonia, and Albania who had undergone unregulated transplants in Pakistan reported a very poor success rate.

In Serbia in 1990 and 1992 two contradicting regulations were enshrined in law; This unclear legal situation hinders organ donation.

Successor states of the Soviet Union

The Soviet Union had an extremely liberal practice of handling corpses. As early as 1932 a law was passed in the Ukrainian Soviet Republic for the removal of eyes from the deceased for the purpose of transplantation; From 1937 the Ministry of Health was able to issue ordinances on organ removal. From 1954, organs could also be removed against the will of relatives.

After the collapse of the Soviet Union, the extended contradiction solution was introduced in Russia. In the Ukraine - one of the strongholds of illegal organ trafficking - a restrictive extended consent solution has been practiced since 1999, in which the closest relatives have to agree to the removal of organs.

United States

A consent regime has been introduced in the USA. The list of those waiting for a donor organ at the beginning of 2015 contained around 123,000 names. Organ donation is only possible with the consent of the family and the donor himself.

Arab world

In countries in the Arab world, there are usually explicit laws or guidelines in force that regulate organ donation. What all these regulations have in common with living donations is the donor's informed consent, which can be revoked at any time, and a ban on financial incentives. In addition, the provisions differ as follows:

Egypt

In Egypt, a legislative project is supposed to regulate living donation in order to prevent illegal transplants and organ trafficking.

Algeria

The religious justification for organ donation required in Algeria was established in 1985. The vast majority of kidney donations have been made by living donations, which may be made by healthy adult donors without remuneration, provided that this would not endanger their lives. In accordance with Article 16 of Law 90-17, an extended de jure contradiction solution has been established for post-mortem donations since July 1990 . In this case, brain death is de facto certified by a medical commission after two zero EEGs every four hours. If the deceased's wish is unknown, a psychiatrist, a psychologist and an imam advise the next of kin on the decision to release the organs.

Bahrain

Bahrain allows living donations as long as both the donor and recipient agree in writing and, from a medical point of view, nothing speaks against a transplant. An extended objection rule applies to corpse donations, whereby if the deceased does not object during his lifetime, the next of kin must agree to an organ removal.

Jordan

The first successful kidney transplant in an Arab state was carried out in Amman in 1972 after a cardiac death donation. Today Jordan has one of the highest living kidney donation rates in the world.

Qatar

Qatar practices a very restrictive extended objection regulation, whereby if the deceased between the ages of 18 and 70 does not have a written will, all first and second degree relatives must consent to an organ removal. Reproductive organs are excluded from the removal.

Under these circumstances, around a third of Qatar's resident population was ready to donate organs in 2005.

Lebanon

All constituent religious communities in Lebanon have a positive view of organ donation.

Morocco

Morocco only allows living donations between directly related adults and spouses of several years. Post mortem , defined as brain death, there is an extended contradiction rule in which spouses, parents and children can effectively object to organ removal in the order of decreasing importance if the deceased's will is not documented.

Saudi Arabia

In Saudi Arabia, cardiac or brain death is a prerequisite for post-mortem organ removal. An extended consent regulation applies. If the deceased's will is unknown, the deceased's heirs decide, who may be advised by a “persuasion committee”. Living donations are only allowed for blood relatives.

Sudan

In Sudan, living donations should come from the closest family members, with minors, especially women, only being considered as donors in emergencies. If donations from relatives are not possible, a committee will decide whether a third-party donation is permitted. De jure , an extended consent solution is in effect for post-mortem donations.

Syria

Syria only allows living donations for adult blood relatives and underage twin siblings. Unlike in many other jurisdictions, post-mortem donations do not have to be made anonymously.

Tunisia

Tunisia allows living donations for sane people over the age of 20. An extended contradiction rule applies post mortem : surviving dependents can object to an organ removal if the deceased did not consent to a donation during his lifetime, which has been entered on the identity card since 1999. The legal guardians decide for deceased minors. Donations of reproductive organs are prohibited.

India

So far, around 21,000 kidneys have been donated in India since 1971 and 329 livers since 1995.

The legal framework for post-mortem donations is an extended consent regulation, under which the next of kin may decide on organ donation if the will of someone over the age of 18 is unknown. For those who died before their 18th birthday, the parents decide; if the body is not claimed by relatives within 48 hours, the head of the institution where the deceased passed away may make a decision. Living donations are generally only allowed among close relatives; LURD transplants require a decision by an independent committee.

Iran

Iran has set up a regulated organ market for Iranian citizens for living LURD donations. According to a law from the year 2000, organs may only be removed post mortem with the consent of the family, who must either confirm the deceased's will or, if this is unknown, should be in accordance with the presumed interest of the deceased.

Israel

Since January 2010, people who have themselves agreed to an organ donation with a donor passport have been given preference over a possible recipient who was judged the same as to the urgency level of a donation but who does not have identification.

Japan

Post-mortem organ donations are significantly less common in Japan than in most Western countries. There are initially cultural reasons for this: the heart tends to take precedence over the brain, and the violation of the integrity of the body meets with rejection. In addition, there is an organ donation case from 1968, which led to long-lasting discussions and distrust with regard to the criterion of brain death.

The Act on Organ Donation, which came into force in 1997, required donors to give their written consent; the family's consent was also required. As a consequence, the heart donation rate in Japan was strikingly low with 81 organ donations in twelve years.

An amendment to the law came into force in July 2010. Organs from the dead may now be removed if the family of the deceased does not expressly oppose it. In addition, the minimum donor age of 15 years has been deleted without replacement. In 2010, 13 percent of Japanese hospitals were able to perform organ removal from an adolescent. The aim was to increase this number to 39 percent by the end of the year.

The first organ donation without the donor's written consent was made on August 9, 2010.

Mongolia

In Mongolia, the first living kidney donation was made in 2006 by an identical twin sister of the recipient; since then only living donations from close relatives have been made.

Philippines

Since 2002, the Philippines has been one of the few countries to allow live kidney donations for people who do not come from the personal environment of the donor, for a special allowance totaling around 275,000 (the equivalent of around € 4,787) and statutory health insurance for a period of ten years , with roughly double the amount of money being tolerated in practice. Although the law expressly excludes the sale of organs, so-called organ tourism has emerged in the course of these regulations, so that organ donations to foreigners have been prohibited since 2009. In general, under these circumstances, the results from these third-party donations have proven to be medically below average for the recipient and socio-economically not beneficial for the donor.

Post-mortem donations require the approval of the next of kin; If the potential organ donor has died as a result of violence, the attending physician or the clinic director can decide on organ removal if the next of kin cannot be reached within 48 hours.

Developing countries

Organ trafficking is sometimes carried out in developing countries without statutory regulations . In this case, however, one can no longer speak of organ donation (on a voluntary basis).

Guyana

In Guyana , only living donations are made.

Nigeria

Organ donations have been accepted in Nigeria since 2003. Studies from the states of Lagos and Ọṣun suggest that around a third of the population would be willing to donate organs, with the rural population showing less willingness to donate, mainly for educational reasons.

Conceptual problem

The term organ donation was a candidate for the unword of the year in 1997 . The jury justified this with a "perversion" of the donation concept .

literature

Web links

Wiktionary: Organ donation  - explanations of meanings, word origins, synonyms, translations

Individual evidence

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