Living organ donation and minors : a major dilemmaLiving organ donation and minors : a major dilemma
Faculty of Law
Personal Rights and Property Rights
European journal of health law. - Dordrecht, 1994, currens
20(2013), p. 41-62
University of Antwerp
Home > Journals > European Journal of Health Law > Volume 20: Issue 1 > Living Organ Donation and Minors: A Major Dilemma Living Organ Donation and Minors: A Major Dilemma Author: Nils Broeckx 1 Source: European Journal of Health Law, Volume 20, Issue 1, pages 41 62 Subjects: Human Rights & Humanitarian Law Publication Year : 2013 DOI: 10.1163/15718093-12341253 ISSN : 0929-0273 E-ISSN : 1571-8093 View subscription options Keywords: minors; surrogate decision-making; solid organ donation; competence Full text article: « Previous ArticleTable of ContentsNext Article »Abstract References & citations (0) Supplements (0) 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 minors wishes play a substantial role.