Conditions and Approval Procedures of Organ Donations from Live Donors
A precondition for organ donations from a live donor is that the donor is an adult (18 years of age and above) and healthy in mind and body (a psychological report attesting to this is required).
Another condition for organ donations from a live donor is the donor’s consent and desire of his own free will to donate his organs. This agreement will only be granted after the donor has been properly informed of all information concerning the transplant and the clinical evaluation with respect to the specific transplant. The donor will express his consent before a judge in charge of the district registry office in which the transplant will be performed.
The ethics committee of the hospital in which the transplant will be performed will publish a diagnosis report and will decide whether to approve the transplant.
Every individual is entitled to express his decision to donate his organs after his death and is permitted to register himself as a donor.
The default, according to the law in Spain, is that an individual agrees to donate his organs after death, unless he expressed his opposition in his lifetime.
The law in Spain prohibits any form of organ trading in exchange for benefits granted to the donor or his family.
The incidence of this prohibition is territorial and not personal – in other words, the prohibition pertains to any person in the territory of Spain, even if he is not a Spanish citizen or does not reside in the country.
Agreement to Donate Organs After Death: Default Position = Agreement
Every individual is allowed to express his decision to donate his organs after his death and is permitted to register himself as a donor.
The default, according to the law in Spain, is that an individual agrees to donate his organs after death, unless he expressed his opposition in his lifetime. Therefore, except for cases in which the individual expressed opposition to organ donation after death, when an individual passes away and his organs are found suitable for transplants – the law in Spain enables the transplant of his organs.
It is obligatory to consult with the family of the deceased whose organs are required for transplant to determine whether during his lifetime he expressed his opposition to organ
Minors and mentally impaired individuals that passed away do not differ from a qualified adult and the basic assumption that they agree to donate their organs unless they expressed their opposition during their lifetime applies to them as well.
The basic assumption of the law in Spain, according to which any individual that did not express his opposition during his lifetime to donate his organs will be considered an individual that agreed to donate his organs after his death increases the supply of potential donors.