The Revision of Organ Transplant Law and the Relevant Problems

The organ transplant law was revised in 2009 and enforced in 2010. Before the revision, organs could be taken under the condition that the family of a brain-dead person approved the transplant of his/her organs, and that only from persons of fifteen and over who had accepted brain death as death itself and who had indicated in writing their intention of becoming donors. The revision in 2010 took away the limitation of the age of a donor and his/her advance indication of becoming a donor. The revision has made it possible to harvest organs from the children with only the approval of their family, unless the children express their rejection of beeoming a donor before they are determined brain dead. This revision brought a radical shift from the original law which set severe conditions for organ transplantation, including the necessity of written consent of the donor. Under the revised law, the family members of a person who is declared brain dead have to approve the transplant of the brain dead relative's organs. Consequently the revised law might place heavier burden on the family of a brain-dead person. In this article, the enactment process of the revised organ transplant law is overviewed, and some relevant problems are pointed out