HUMAN ORGAN TRANSPLANTATION FOR FOREIGNERS: BETWEEN RIGHT AND RESTRICTION – A COMPARATIVE STUDY

Abstract

Human organ transplantation is considered one of the most complex and high-risk surgical procedures, as it requires a donor to provide one of their organs to save the life of a patient suffering from irreversible damage to a vital organ—where conventional treatment is no longer effective. Given the sensitive nature of these procedures and their impact on the sanctity of the human body, as well as the risks associated with illegal organ trafficking, national legislations have taken the initiative to regulate and restrict such operations from multiple angles. These include defining who is permitted to donate or receive human organs and tissues.

Legislative consensus in many countries has settled on limiting organ donation to citizens of the same state, due to the scarcity of human organs and the priority given to nationals over foreigners in benefiting from them. Nevertheless, driven by humanitarian considerations and therapeutic goals, some legislations have exceptionally allowed foreigners to undergo organ transplantation—provided they have a familial relationship with the national individual, whether donor or recipient.

In this context, and to shed light on the legal aspects of organ transplantation between citizens and foreigners within the framework of private international law, we adopted a comparative approach aimed at reaching optimal legislative outcomes and proposals that strike a balance between humanitarian dimensions and legal regulation.