Posthumous organ donation: legal issues

Posthumous organ donation is a noble cause that can save the lives of many people. This is an opportunity to give a chance at life to those who need organ transplantation. An updated law on organ transplantation has been in force in Ukraine since 2022, which simplified the procedure of posthumous donation and made it more accessible.

How to give consent for posthumous donation?

There are two ways to consent to posthumous donation:

For life:

Application for consent to posthumous organ donation. This statement can be written at any time, it does not require notarization. It can be submitted to:

• Center for transplantation of organs, tissues and cells.
• Health care institution.
• Notary public
• Electronic consent. From 2022, consent to posthumous donation can be recorded online in the Diya mobile application.

After the death of a person:

If a person did not consent to posthumous donation during his lifetime, then his family members can do so. Their consent is based on the presumption of consent, that is, it is assumed that the person would like to help others if possible.

It is important to know:

1. Consent to posthumous organ donation is voluntary.
2. You can withdraw this consent at any time.
3. Organ donation does not affect religious burial rites.

Legal aspects of posthumous organ donation

From a legal point of view, posthumous organ donation is regulated by the following legal acts:

• The Law of Ukraine "On the Application of Transplantation of Anatomical Materials to Humans".
• Order of the Ministry of Health of Ukraine "Conditions of storage of extracted human anatomical materials, their preparation for transportation and conditions of transportation of extracted human anatomical materials".
• Other legal acts.

Consult a lawyer

In what questions can a lawyer help regarding posthumous donation?

Law firm "Prykhodko and Partners" can help you with all legal issues related to posthumous organ donation, in particular, we will help:

1. Understand the legislation on organ transplantation. Our experts will explain in detail all aspects of the legislation governing posthumous donation and help you make an informed decision.
2. Consent for posthumous donation. We will help you to correctly draft a consent form for posthumous organ donation to ensure that your wishes are carried out.
3. Protect your rights and interests. In case of any disputes related to posthumous donation, we will represent your interests and protect your rights.
4. Represent you in court. If the case of posthumous donation goes to court, our attorneys will do everything possible to protect your interests and achieve a just decision.

Why should you choose Prykhodko and Partners?

• Experience and knowledge. Our specialists have deep knowledge of legislation on organ transplantation and many years of experience in this field.
• Individual approach. We approach each client individually, with understanding and respect for their needs and wishes.
• Professionalism and ethics. We guarantee you a high level of professionalism and ethical behavior.
• Privacy. We care about the privacy of your information and guarantee that it will be protected.

Remember: posthumous organ donation is an opportunity to give life to another person.

If you want to become an organ donor and receive our advice, or you want to know the price of our services in matters of posthumous organ donation - fill out the form below.