The Limits of Autonomy of a Young Living Donor in Transplantation

Abstract

The problem of legal regulation of ex vivo graft from a young living donor raises a lot of controversy. According to the Polish Act on the Collection, Preservation and Transplantation of Cells, Tissues and Organs, a minor can be a donor only in exceptional cases – a cumulative number of prerequisites must be met. At the same time, this regulation provides solutions which respect the autonomy of minors. Firstly, the object of transplant from a young living donor involves only cells able to regenerate, that is bone marrow and peripheral blood. Another necessary condition for the legality of transplantation is to determine whether it is legitimate and purposeful. Furthermore, the protection of the interests of a young living donor is reflected in legislation restricting the circle (group) of recipients – minors can only be donors for their siblings. The most important legal safeguard of young donor’s interests seems to be the procedure of obtaining judicial authorization for transplant, which is preceded by the consent of his or her legal representatives. Moreover, in the case of bone marrow transplant, the consent of a minor under 13 years of age is required.