Problematyka przeszczepu od małoletniego żywego dawcy

Authors:

• Krzysztof Mularski

Abstract

This article deals with the legal aspect of transplants from minor living donors. An individual below 18 years of age and a woman who turned 16 and with the court's consent contracted marriage are defined as minors. Minor's siblings as well as minor's half-siblings and children fully or partially adopted by minor's parents can be the recipients. The exclusion of permissibility of transplantation for the benefit of minor's descendants raises doubts. Bone marrow and hematopoietic stem cells can be transplanted. An extension of this catalogue by addition of regenerative cells or regenerative tissues should be considered de lege ferenda. The permissibility of transplantation is conditional on complying with medical and legal prerequisites. Transplantation is permissible with the consent of court (delivered according to a special procedure), of legal representatives and of the minor him- or herself, if he or she has turned 13. The minor's objection excludes the permissibility of transplantation if he or she turned 13. Such a regulation is inconsistent with the Oviedo Convention. The regulation which excludes permissibility of transplantation from a partially incapacitated person should also be amended.