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(As per The Transplantation of Human Organs (Amendment) Act, 2011)

"Procedure of Organ Donation & Transplant in case of Near Relatives”

(1) Where the proposed transplant of organs is between near relatives related genetically, namely, grandmother, grandfather, mother, father, brother, sister, son, daughter, grandson and granddaughter, above the age of eighteen years, the competent authority as defined at rule 2(c) or Authorisation Committee (in case donor or recipient is a foreigner) shall evaluate;

(i)Documentary evidence of relationship e.g.relevantbirth certificates, marriage certificate, otherrelationshipcertificatefromTehsildarorSub- divisional magistrate or Metropolitan Magistrate or Sarpanch of the Panchayat, or similar other identity certificates like Electors Photo Identity Card or AADHAAR card; and

(ii) Documentary evidence of identity and residence of the proposed donor, ration card or voters identity card or passport or driving license or PAN card or bank account and family photograph depicting the proposed donor and the proposed recipient along with another near relative, or similar other identity certificates like AADHAAR Card (issued by Unique Identification Authority of India).


(2) If in the opinion of the competent authority, the relationship is not conclusively established after evaluating the above evidence, it may in its discretion direct further medical test, namely, Deoxyribonucleic Acid (DNA) Profiling.


(3) The test referred to in sub-rule (2) shall be got done from a laboratory accreditedwith National Accreditation Board for Testing and Calibration Laboratories and certificate shall be given in Form 5.


(4) If the documentary evidences and test referred to in sub-rules (1) and (2), respectively do not establish a genetic relationship between the donor and the recipient, the same procedure be adopted on preferably both or at least one parent, and if parents are not available, the same procedure be adopted on such relatives of donor and recipient as are available and are willing to be tested, failing which, genetic relationship between the donor and the recipient will be deemed to have not been established.

5) Where the proposed transplant is between a married couple the competent authority or Authorisation Committee (in case donor or recipient is a foreigner) must evaluate the factum and duration of marriage and ensure that documents such as marriage certificate, marriage photograph etc. are kept for records along with the information on the number and age of children and a family photograph depicting the entire family, birth certificate of children containing the particulars of parents and issue a certificate in Form 6 (for spousal donor).

(6) Any document with regard to the proof of residence or domicile and particulars of parentage should be relatable to the photo identity of the applicant in order to ensure that the documents pertain to the same person, who is the proposed donor and in the event of any inadequate or doubtful information to this effect, the Competent Authority or Authorisation Committee as the case may be, may in its discretion seek such other information or evidence as may be expedient and desirable in the peculiar facts of the case.


(7) The medical practitioner who will be part of the organ transplantation team for carrying out transplantation operation shall not be a competent authority of the transplant hospital.


(8) The competent authority may seek the assistance of the Authorisation Committee in its decision making, if required.



“Procedure of Organ Donation & Transplant in case of Other Than Near Relatives”

Where the proposed transplant is between other than near relatives and all cases where the donor or recipient is foreign national (irrespective of them being near relative or otherwise), the approval will be granted by the Authorisation Committee of the hospital or if hospital based Authorisation Committee is not constituted, then by the District or State level Authorisation Committee.

“Procedure of Organ Donation & Transplant in case of Foreigners”

When the proposed donor or the recipient are foreigners;
(a) A senior Embassy official of the country of origin has to certify the relationship between the donor and the recipient as per Form 21 and in case acountry doesnothaveanEmbassyinIndia,thecertificateofrelationship, in the same format, shall be issued by the Government of that country;

(b) The Authorisation Committee shall examine the cases of all Indian donors consenting to donate organs to a foreign national (who is a near relative), including a foreign national of Indian origin, with greater caution and such cases should be considered rarely on case to case basis:

(Provided that the Indian living donors wanting to donate to a foreigner other than near relative shall not be considered.)



“Procedure For Donation Of Organ Or Tissue In Medico Legal Cases”

(1) After the authority for removal of organs or tissues, as also the consent to donate organs from a brain-stem dead donor are obtained, the registered medical practitioner of the hospital shall make a request to the Station House Officer or Superintendent of Police or Deputy Inspector General of the area either directly or through the police post located in the hospital to facilitatetimelyretrievaloforgansor tissue fromthedonorandacopyof such a request should also be sent to the designated post mortem doctor of area simultaneously.


(2) It shall be ensured that, by retrieving organs, the determination of the cause of death is not jeopardised.


(3) The medical report in respect of the organs or tissues being retrieved shall be prepared at the time of retrieval by retrieving doctor (s) and shall be taken on record in postmortem notes by the registered medical practitioner doing postmortem.


(4) Wherever it is possible, attempt should be made to request the designated postmortem registered medical practitioner, even beyond office timing, to be present at the time of organ or tissue retrieval.


(5) In case a private retrieval hospital is not doing post mortem, they shall arrange transportation of body along with medical records, after organ or tissue retrieval, to the designated postmortem centre and the post mortem centre shall undertake the postmortem of such cases on priority, even beyond office timing, so that the body is handed over to the relatives with least inconvenience.

“Decision of Authorisation Committee”

(1) The Authorisation Committee (which is applicable only for living organ or tissue donor)should state in writing its reason for rejecting or approving the application of the proposed living donor in the prescribed Form 18 and all such approvals should be subject to the following conditions, namely:-

(i) The approved proposed donor would be subjected to all such medical tests as required at the relevant stages to determine his or her biological capacity and compatibility to donate the organ in question;

(ii) Thephysicalandmentalevaluationofthedonorhasbeendonetoknow whether heorsheisinproperstateofhealthandithasbeencertifiedbythe registered medical practitioner in Form 4 that he or she is not mentally challengedandisfittodonatetheorganor tissue:

(Provided that in case of doubt for mentally challenged status of the donor the registered medical practitioner or Authorisation Committee may get the donor examined by psychiatrist;)

(iii) All prescribed forms have been and would be filled up by all relevant persons involved in the process of transplantation;

(iv) All interviews to be video recorded.

(2) The Authorisation Committee shall expedite its decision making process and use its discretion judiciously and pragmatically in all such cases where, the patient requires transplantation on urgent basis.

(3) Every authorised transplantation centre must have its own website and the Authorisation Committee is required to take final decision within twenty four hours of holding the meeting for grant of permission or rejection for transplant.


(4) The decision of the Authorisation Committee should be displayed on the notice board of the hospital or Institution immediately and should reect on the website of the hospital or Institution within twenty four hours of taking the decision, while keeping the identity of the recipient and donor hidden.

Source: NOTTO

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