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

[Clark]

http://onlinelibrary.wiley.com/doi/10.1111/ajt.13868/abstract;jsessionid=3280124A6201C07D49BBC2B6FA5DFE28.f03t03

Living Organ Donation by Minors: An Analysis of the Regulations in EU Member States
      Kristof Thys1,2,†,*, Kristof Van Assche3,†, Herman Nys1, Sigrid Sterckx4 andPascal Borry1
DOI: 10.1111/ajt.13868
American Journal of Transplantation
Accepted Article (Accepted, unedited articles published online and citable. The final edited and typeset version of record will appear in future.)

Abstract
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.