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Organ Procurement

harrymate
Posts: 8
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9/30/2014 2:01:35 AM
Posted: 2 years ago
If you die before you make the decision to donate your organs, can your family make the decision? Please state your sources. This is very important; I need the information to prepare for Lincoln-Douglas Debate. Thanks!!!
hatshepsut
Posts: 72
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10/10/2014 3:13:56 PM
Posted: 2 years ago
In the USA, it will ultimately depend on the law in the state where the death occurs. In most cases, even when there is a donor card, transplant physicians will still ask next of kin for approval, and not go through without that approval. I don't have a good source on that, looking at the Amer. Medical Association's website under "code of ethics" may help.

A model law, the Uniform Anatomical Gift Act, has been in publication since 1968. It states the would-be donor can indicate desire to give organs at death, or alternatively, that next of kin may do so at the time of death, unless the deceased specifically willed against it beforehand. The 2006 version of UAGA does not require family consent if there is a donor card.

UAGA summary: http://www.uniformlaws.org...
search "anatomical"

However, physicians can exceed legal minima, so they may seek family consent anyway. And actual state laws will differ from the UAGA. There is near-unanimous consensus that no financial exchange can be involved in any donation - whether living donor as with kidneys, or to heirs if at death. The recipient, a charity, or a government agent such as Medicaid may, however, pay for the donor's operation.