Ukraine passes law on posthumous organ donation

Author : News Agency

Source : 112 Ukraine

The document is planned to be put into effect from January 1, 2019
09:20, 18 May 2018

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The Verkhovna Rada of Ukraine adopted a Law No. 2386a-1 on the transplantation of anatomical materials to a person. 255 people's deputies voted “for”.

The bill stipulates that every person has a right to agree or refuse from the post-mortem donation. The positive answer is a written statement, a special mark in the passport or driver's license, and data entry to the Uniform State Information System of Transplantation.

The "alternative" option is to name a trustee who, after the death of a person, will disclose her consent or prohibition on the transplantation of her anatomical materials. If a person has not expressed his/her will in life, his/her relatives - spouses, children, parents, siblings – will be asked. If the person did not allow his/her relatives during his/her lifetime to use his/her body after the death, it will not be done.

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In addition, the use of anatomical materials is prohibited if there is nobody to ask for permission, if the court, law enforcement or a forensic examiner are against. Antiterrorist operation veterans and Joint Forces Operation participants, orphans, recognized as incapacitated, as well as those whose identity is not established, cannot be postmortem donors.

It is planned to create the Unified State Information Transplantation Information System (before October 2018), and a special entity responsible for it, which would the central state executive body implementing the state policy in the field of the provision of medical care using transplantation.

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The information system will consist of several registers:

  • expression of will on post-mortem donation;
  • "trusted" persons who agree to the posthumous donation of those whom they represent;
  • human anatomical materials intended for the transplantation and/or production of bioimplants,
  • living donors;
  • living donors of hematopoietic stem cells;
  • recipients;
  • persons with the transplanted anatomical material;
  • medical institutions authorized for transplantation;
  • transplant coordinators.

All these registries are provided for confidential data, so access to them will be limited. The exception is a list of medical facilities where transplants can be performed, as well as a transplant coordinator register. They will be posted on the website of the executive body responsible for transplantation.

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Confidential information in the register can be obtained by the transplant coordinator, the official responsible for transplantation of the executive body, and forensic experts. So, if a person writes a statement of consent to his post-mortem donation, one of these categories of persons, including the one who will enter the data in the register, will know about it.

A fuse is also foreseen: the transplantation information system will record not only the data entered into it but also the history of the views.

The Cabinet will determine the organizational issues, as well as MOH, and the special executive body on transplantation.

However, people will be directly involved in this area with medical institutions that will receive a license for transplantation, a bureau of forensic medicine and other business entities that will carry out activities related to transplantation.


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A donor-recipients match would be determined by a single transplant system. Priority will be given to underage recipients and living donors who previously provided their anatomical materials.

If there are no recipients for anatomical materials in Ukraine, the patients will be able to find them in other states, with which relevant international agreements have been concluded.

Once a couple of recipient recipients are identified, the data cannot be changed (except when the doctors acknowledge that transplantation is impossible or the recipient has declined).

People who have donated their anatomical materials to one of their relatives during their lives might receive some state support.

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