Organ Donation to Foreigners in India
Kartavya Desk Staff
#### Facts for Prelims (FFP)
Source: TH
Context: The Ministry of Health and Family Welfare has initiated an investigation into organ transplants involving foreign nationals following concerns about potential commercial dealings.
National Organ & Tissue Transplant Organization (NOTTO) data shows a significant rise in foreign nationals receiving organ transplants from private hospitals, with reports suggesting unauthorized “commercial dealings.”
What is Organ transplantation?
Organ transplantation is the surgical procedure of removing an organ from one person and implanting it into another person’s body.
Laws regarding Organ Transplantation in India:
The primary law governing organ transplants in India is the Transplantation of Human Organs Act (THOA), 1994. India ranks third globally in the number of transplants conducted. Overall, organ transplants, including both deceased and living donors, increased from 4,990 in 2013 to 15,561 in 2022.
Eligibility:
• Organ donation eligibility is primarily based on the donor’s physical condition (and not age), with both living (above 18 years) and deceased individuals being eligible.
• Consent from the family is required for deceased organ donation.
• According to the latest guidelines, individuals above 65 years can receive organs for transplantation from deceased donors, and the requirement of state domicile for patient registration was removed.
Measures to be taken:
• Compliance with THOTA: Authorities should ensure compliance with the Transplantation of Human Organs & Tissues Act (THOTA), 1994, investigating any breaches and taking appropriate action.
• Unique ID: Health authorities must ensure the generation of a unique NOTTO-ID for both organ donors and recipients in all transplant cases to enhance transparency and traceability.
• Data Sharing: Ensure regular collection and sharing of transplant data, including cases involving foreigners, with NOTTO to enhance transparency and accountability.
NOTTO (National Organ & Tissue Transplant Organization) is a national-level organization under the Ministry of Health and Family Welfare. It coordinates and networks for organ and tissue procurement and distribution nationwide. Additionally, it maintains a registry of organ and tissue donation and transplantation activities.