Kilka uwag o pobraniu tkanek, komórek i narządów ex mortuo od cudzoziemców
A few remarks on collection of cells, tissues, and organs ex mortuo from deceased aliens

Summary/Abstract: Collection of cells, tissues, and organs with a view to perform a transplantation has for many years been the object of discussion and a point of interest in science, as far as both medical and legal professionals are concerned. With the development of modern technologies increasingly perfect possibilities of saving human life occur each year, also employing transplantation methods, apparently no longer experimental in nature. New issues, however, emerge, important both for physicians professionally involved in transplantology, and for lawyers including the topic in their medical law studies. Free flow of persons, natural for citizens of European Union member-countries and the Schengen area, entails the necessity of providing information as to the admissibility of cells, tissues and organs’ collection, in the case of death of an alien on the EU member-country territory, and the further admissibility of such structures’ collection for transplantation in such circumstances. The article discusses the conditions of admissibility of such collection after death, and the matter of respecting an objection, expressed during the lifetime of the deceased – to allow cells, tissues and organs’ collection, as well as reacting to the lack of such objection, and the resultant admissibility of such structures’ collection, particularly when the native law requires the consent to such collection after death. The issue is associated with observance and definition of the limits of the right to self-determination of a potential, post mortem donor of cells, tissues and organs.

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