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I am working in Hong Kong. I recently encountered a case who is a cadaveric organ donor and his family only consent to donate proveded that one of the kidneys must be given to the brother-in-law of the deceased patient. Is there any rule/ policy/ guideline in US or other place in the world that the donor can assign the destination of the donated organs?
The family cliamed there is no financial incentives in this donation but how can we assure this?
Directed donations challenge the traditional construct of altruistic donation
In your case, I am not sure how the deceased individual provided consent for this (was this part of a living will?).
In any regard there is policy in the United States regarding directed deceased donation.
The following in formation is taken directly from UNOS.
"Directed donation is a request made by a donor or donor family to transplant a specific recipient. This practice is legally authorized by the Uniform Anatomical Gift Act (UAGA) and by most state anatomical gift laws, which use the UAGA as a guide. (A few state laws are silent on directed donation but do not specifically disallow the practice.)
The policy of the national Organ Procurement and Transplantation Network (OPTN), operated by United Network for Organ Sharing (UNOS) under federal contract, recognizes directed donation as long as the agencies involved take steps to verify the medical suitability of the organ offer for the specified recipient. The Federal regulation that guides the OPTN (the OPTN Final Rule) expressly allows directed donation to a named individual.
In recent years, at least 100 deceased donor transplants each year have occurred through directed donation. Such requests occur most frequently when the donor or donor family either are related to the recipient or know the recipient personally. Past instances of directed donation that have resulted in media coverage include a daughter-to-father heart transplant and a heart transplant from a church member to the church's pastor. In many instances, only one organ from a deceased donor is directed to a specific recipient; other organs from the donor are allocated according to OPTN policy."
In England, Wales and Northern Ireland, the Human Tissue Act 2004, and in Scotland the Human Tissue (Scotland) Act 2006, are both silent in this regard. Although so-called conditional donation, donation to (or perhaps withheld from) a specific class, has been outlawed as a product of guidance issued by the Secretary of State for Health issued in the wake of the controversial incident occurring in the North of England in 1998, its intended application to ‘directed’ donation is less certain.
In Canada, there are very few examples of directed deceased donation that I am personally aware of.
Most of the American cases appear to have a clear relationship between the donor and the recipient. Although establishing the nature of a relationship can be very difficult, it is clearly desirable. Any suggestion of either coercion or payment should preclude a directed donation.
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