p. 1147. Organ transplantation
- Jo SamantaJo SamantaEmeritus Professor of Law, De Montfort University
- and Ash SamantaAsh SamantaEmeritus Consultant Physician and Rheumatologist, University Hospitals of Leicester, and Part-Time Lecturer in Law, De Montfort University
Abstract
This chapter deals with statutory provisions governing human tissue and organ transplantation, with particular reference to the Human Tissue Act 2004. It first considers the position at common law with regards to property in the human body, followed by a discussion of appropriate consent given by potential donors prior to their death or by deceased donors. It also considers the change in law to presumed consent under the Organ Donation (Deemed Consent) Act 2019. Organ donation from living persons and ethical issues surrounding organ transplantation are then explored. The chapter concludes by looking at alternative sources of organs, including xenotransplantation and artificial organs. Relevant court cases are cited, where appropriate.
