Is living organ donation legal

I. Living organ donation is legal in China. Eighteen years of age and have full capacity for civil behavior of natural persons can donate living organs, before donation should have agreed to donate a written certificate. The donation of living organs by the donor should not jeopardize his/her life safety. If a natural person is willing to donate organs after death, he or she shall have written proof of consent to donate, or a verbal indication of consent to donate, as well as written proof of consent from his or her spouse (or from his or her parents and adult children, if he or she does not have a spouse) and from two physicians. Individuals in need of an organ transplant shall apply to the provincial Red Cross or to the provincial Red Cross through a medical institution.

Two conditions for living organ donation:

(a) Citizens donating human organs shall have the will to donate in written form, and shall have the right to revoke the will that has been expressed to donate their human organs.

(2) The recipients of living organs are limited to the spouses, blood relatives in the direct line or collateral blood relatives within three generations of the living organ donor, or those who have proof of the existence of a kinship relationship with the living organ donor as a result of help and other forms of support.

(3) No organization or individual shall remove the living organs of citizens under the age of 18 for transplantation.

(d) If a citizen expresses disagreement with the donation of his or her human organs during his or her lifetime, no organization or individual may donate or remove the citizen's human organs.

(e) If a citizen has not expressed disagreement with the donation of his or her human organs during his or her lifetime, after the death of the citizen, his or her spouse, adult children, or parents may, in writing, **** the same expression of consent to the donation of the citizen's human organs. (Note: If a citizen dies, his/her spouse, adult children and parents shall express their consent in writing)

Legal Basis:

Regulations on Human Organ Transplantation Article 11 Medical institutions engaging in human organ transplantation shall apply for human organ transplants to the competent health department of the people's government of the province, autonomous region, or municipality directly under the central government in the place where they are located, in accordance with the Regulations on the Administration of Medical Institutions. The competent health department of the people's government shall apply for the registration of human organ transplantation diagnostic and therapeutic subjects. Medical institutions engaged in human organ transplantation, shall have the following conditions: (1) with human organ transplantation and other medical practitioners and other medical personnel;

(2) to meet the human organ transplantation equipment, facilities;

(3) by medical, legal, ethics and other aspects of the clinical application of human organ transplantation technology and ethical committee, the committee engaged in human organ transplantation of medical science, law, ethics and other aspects of the experts. Committee engaged in human organ transplantation of medical experts not more than 1/4 of the number of members;

(d) have a sound quality control of human organ transplantation and other management systems.