INFORMED OR PRESUMED CONSENT IN ORGAN DONATION: FRANCE AND ROMANIA LEGAL FRAMEWORK
INFORMED OR PRESUMED CONSENT IN ORGAN DONATION: FRANCE AND ROMANIA LEGAL FRAMEWORK

Summary/Abstract: Giving the consent to donation or receiving organs is one of the most debated issues in the field. When organs have to be taken from deceased donors, the type of consent is the most debated: informed or presumed? When donors are alive, the consent must to be explicit, and mandatory, but there are some ethical dilemmas about its actual realization: if the donor was fully informed, if he/she was free to choose, especially when the recipient is a family member or someone close to the donor. Hence opening the debate on consent issues related to donors, living or deceased is a complex approach that raises many questions and gives few solutions. This paper presents a comparative analysis of the legal regulations in France and Romania regarding the types of consent to organ donation. The authors point out what are the similarities and differences between the two regulations, focusing on the data coming from the kidney transplants area, considered to be the pilot organ in transplantation and a miracle of the twentieth century.

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