Publication
Title
Using mentally incompetent adults as living organ donors : widely diverging regulations in Europe
Author
Abstract
With the current situation in Belgium as its initial focus, this article will examine the regulatory framework that governs the use of mentally incompetent adults as living organ donors in Europe. Our survey of the national regulation of 22 countries will reveal widely diverging viewpoints, ranging from an absolute prohibition on organ procurement to a barely restricted authorisation to retrieve even non-regenerable organs. We also have a look at the way in which American and English court decisions have applied the best interests standard in an attempt to define the contours of acceptable organ removal from mentally incompetent donors. Taking the best interests of the mentally incompetent person as a yardstick, we suggest that legally prohibiting organ removal from mentally incompetents may be problematic, even if it concerns only non-regenerable organs, and that regulations should be refined accordingly.
Language
English
Source (journal)
European journal of health law. - Dordrecht, 1994, currens
Publication
Dordrecht : 2012
ISSN
0929-0273 [print]
1571-8093 [online]
Volume/pages
19:5(2012), p. 441-466
Full text (Publishers DOI)
UAntwerpen
Faculty/Department
Publication type
Subject
Law 
External links
Record
Identification
Creation 19.01.2016
Last edited 21.01.2016