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

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

Institutions

Publication Details

Journal
Medical Law International
Published
2025-03-20
DOI
https://doi.org/10.1177/09685332251314113
Primary Topic
Organ Donation and Transplantation
Type
article
Field-Weighted Citation Impact
0.00

Funders

Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

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

Douglas Thorburn, James Neuberger, Jonathan Herring, Ernest Ryder et al.
Medical Law International
Organ Donation and Transplantation
article

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

Douglas Thorburn, James Neuberger, Jonathan Herring, Ernest Ryder, Cornelius Engelmann, John C. Forsyth, Farrah Raza, Gurch Randhawa, Thomas Berg, Heloise Robinson, David Jones, Isabel Quiroga
article en

Abstract

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.

Medical Law International
University of Bedfordshire (GB), Royal Free London NHS Foundation Trust (GB), Queen Elizabeth Hospital Birmingham (GB), University of Oxford (GB), Charité - Universitätsmedizin Berlin (DE), Leipzig University (DE)
University of Oxford
Peace, Justice and strong institutions, Reduced inequalities
Openalex Percentile: Top 92%
Organ Donation and Transplantation
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.