The Serbian National Parliament on Tuesday adopted the Law on Human Cells and Tissues, and the Law on Transplantation of Organs.
Members of the Parliament voted to pass this legislation that makes all citizens potential organ donors – unless they opt out by “expressly objecting to it, addressing the Administration for Biomedicine” – an institution that is yet to be established in Belgrade.
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Those who do not wish their organs to be harvested after death will have to state this decision “either in writing or verbally” to the said institution.
The new law allows removal of organs for transplantation from the deceased, unless they objected to this while alive, and unless their parent, spouse, common law spouse, or adult child objects to it at the moment of death.
The provisions of the law also stipulate that the taking of organs from a deceased juvenile, who was under parental care, for the transplantation purposes, is allowed only with the written consent of both parents, that is, one parent, if the other died or is unknown, while the taking of organs from a deceased juvenile without parental care is permitted only with the consent ethical committee of a health institution, which is formed in accordance with the relevant law.
Taking of organs from a deceased adult who has been partially or completely dispossessed of legal capacity during their life by a competent authority is allowed only on the basis of the consent of the ethical board of the health institution, while organs of the deceased non-citizens of Serbia can be taken for donation only on the basis of the written consent of a spouse, a common-in-law spouse, a parent, an adult brother or sister, or an adult child of the deceased person.
The provisions of the law prescribe the establishment of a waiting list for the recipients of human organs, who included in the list without any discrimination and under equal conditions, or if it is medically justified.
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