LEGAL FRAMEWORK IN INDIA

Transplantation of Human Organs Act (1994) provides for the regulation of removal, storage and transplantation of human organs for therapeutic purposes and for the prevention of commercial dealings in human organs.

The Act necessitates that the donor must not be below 18 years of age, must agree voluntarily to his organ removal, and that his consent is informed. It further prohibits removal of organs by anyone other than a registered medical practitioner, and the transplantation must take place in a registered hospital

Further, to prevent commercialisation of sales of human organs, the act criminalises such transactions, including supply of organs for payment, and making/receiving any such payment. No human organ shall be removed and transplanted unless the donor is a close relative of the recipient.