Should conditional deceased organ donation be permitted? Identifying legal and ethical considerations

Journal article

Increasing the availability of suitable organs is essential for life-saving transplant surgery. We highlight the importance of consent to deceased organ donation and discuss whether a ‘blanket ban’ on attaching conditions to a donation is appropriate by analysing relevant legal, ethical, and clinical considerations. The introduction highlights key issues in this area and defines the different kinds of conditional donations. We focus on conditions that seek to limit ‘who’ might receive an organ. The article outlines the current approach to conditions attached to the donation of organs. We identify key models of conditional organ donation: (a) no conditions allowed; (b) permit all conditions; and (c) permit some conditions. The third model of permitting some conditions includes permitting conditions except those contrary to equality and non-discrimination law, or permitting conditions as exceptions, or permitting conditions, but only as advisory. We demonstrate that there is room for disagreement about the permissibility of each model and argue that there is potential for reforming the law in this area to achieve the appropriate balance between protecting the personal autonomy of donors with the wider interests of protecting the organ allocation system. Increasing the availability of suitable organs is essential for life-saving transplant surgery. We highlight the importance of consent to deceased organ donation and discuss whether a ‘blanket ban’ on attaching conditions to a donation is appropriate by analysing relevant legal, ethical, and clinical considerations. The introduction highlights key issues in this area and defines the different kinds of conditional donations. We focus on conditions that seek to limit ‘who’ might receive an organ. The article outlines the current approach to conditions attached to the donation of organs. We identify key models of conditional organ donation: (a) no conditions allowed; (b) permit all conditions; and (c) permit some conditions. The third model of permitting some conditions includes permitting conditions except those contrary to equality and non-discrimination law, or permitting conditions as exceptions, or permitting conditions, but only as advisory. We demonstrate that there is room for disagreement about the permissibility of each model and argue that there is potential for reforming the law in this area to achieve the appropriate balance between protecting the personal autonomy of donors with the wider interests of protecting the organ allocation system.

Authors: Raza, F; Herring, J; Neuberger, JM; Jones, D; Robinson, H

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: SAGE Publications
• Journal: Medical Law International
• Volume: 25
• Issue: 3
• Pages: 165-191
• Publication date: 2025-03-20
• Acceptance date: 2024-12-29
• DOI: 10.1177/09685332251314113
• EISSN: 2047-9441
• ISSN: 0968-5332
• Language: English
• Keywords: organ allocation; conditional donation; decision-making process; gift of life; deceased organ donation