If a deceased person did not register for body donation, can their body parts be taken?
If the deceased did not register for body donation, can the organs of the deceased be taken?
According to Article 22 of the Law on Donation, Procurement, and Transplantation of Human Tissues, Organs and the Donation of Bodies 2006, the conditions for body procurement are stipulated as follows:
Only the facilities that receive and preserve the bodies of donors as stipulated in Article 23 of this Law are authorized to carry out body procurement.
Body procurement is conducted under the following circumstances:
a) The deceased had a body donation registration card;
b) If the deceased did not have a body donation registration card, written consent must be obtained from the parents or guardian, spouse, or representative of the adult children of the deceased;
c) The deceased cannot be identified regarding their last place of residence and possesses a death certificate issued by the commune-level People's Committee of the place where the death occurred.
According to the current regulations, in cases where the deceased did not register for body donation, the procurement of the organs of the deceased must have written consent from the parents or guardian, spouse, or the representative of the adult children of the deceased.
What are the conditions for the procurement of tissues and organs from deceased individuals?
According to Article 21 of the Law on Donation, Procurement, and Transplantation of Human Tissues, Organs and the Donation of Bodies 2006, the conditions for the procurement of tissues and organs from deceased individuals are as follows:
Only the medical facilities stipulated in Article 16 of this Law are authorized to conduct the procurement of tissues and organs from deceased individuals.
The procurement of tissues and organs from deceased individuals is conducted under the following circumstances:
a) The individual had a tissue and organ donation registration card for after death;
b) The individual had a tissue and organ donation registration card for after death and has been declared brain dead as stipulated in Clause 5, Article 27 of this Law;
c) If there is no tissue and organ donation card for after death, the procurement must have written consent from the parents or guardian, spouse, or the representative of the adult children of the deceased.
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