Health Ministry Addresses Proposal Permitting Organ Donation by Minors Under 18

Public debate recently flared up over new proposals in the draft organ donation law. The rules concerning individuals under 18 drew particular scrutiny. On October 23, the Ministry of Health addressed these concerns. The ministry clarified points raised by National Assembly deputies, medical experts, and the public.

Respecting the Donation Wishes of Minors Under 18

The draft Law on Donation, Removal, and Transplantation of Human Tissues and Organs and Donation of Cadavers is before the National Assembly. Lawmakers are reviewing the bill at the 2nd Session of the 16th National Assembly.

Vietnam has enforced the current law since 2006. Over the past 20 years, donated organ supplies have fallen short of clinical demand. Many patients, including children, face long waits for compatible matches. Some tragically die before receiving an organ.

The draft law broadens donor sources to boost transplant access. It requires minors under 18 to secure written consent from legal guardians before registering. Meanwhile, living donors giving organs to non-relatives must be at least 25 years old.

The amendment mandates identity verification between donors and recipients. It requires independent panels to evaluate donor eligibility and advise on surgical procedures. This rule applies especially to underage donors. Furthermore, the draft explicitly bans exploiting guardianship or adoption to harvest children’s tissues and organs.

Drafting officials emphasize upholding the best interests of the child. The bill seeks to expand treatment options for critically ill children. Adult donors often cannot provide organs with suitable pediatric anatomical dimensions.

This regulation honors the altruistic wishes of minors and their families. It recognizes their desire to donate post-mortem to save other lives. The policy does not promote donation among children. Rather, it builds a tight legal boundary to guarantee child safety. It handles appropriate donation scenarios that current laws overlook.

For minors, the draft draws a sharp line between living and deceased donation.

Regarding living donors, minors may only donate regenerative tissues like hematopoietic stem cells. They can only donate to relatives when no compatible adult donor exists. Donors aged 15 to under 18 may donate to family members. Children under 15 may only donate to parents or biological siblings. Minor donors must have sound health, receive independent counseling, and give personal consent alongside parental approval. The draft strictly forbids harvesting kidneys, livers, hearts, lungs, or healthy solid organs from living minors.

Regarding deceased donors, doctors may retrieve tissues or organs only after confirming death. An independent medical council must certify brain death or circulatory death. Additionally, the minor must have registered or expressed donation wishes before dying. Parents or legal guardians must also grant written consent. Minors may register to donate with parental approval, and they can revoke this registration at any time.

Prioritizing Child Safety and Welfare Above All

Addressing online fears regarding child organ trafficking, the committee reaffirmed strong safeguards. The draft law strictly bans buying, selling, coercing, stealing, or brokering human body parts. It criminalizes using guardianship, foster care, or adoption to obtain a child’s organs. Violators face criminal prosecution under the Penal Code.

All organ allocations must run through national identification codes and fair waitlists. Living donors undergo strict identity verification by independent consultative councils.

Brain death and circulatory death protocols must stay objective. This independence prevents conflicts of interest and fraudulent clinical reports. The Ministry urges citizens to report any signs of organ brokering to police immediately.

Refining organ donation rules must place child safety and welfare above all else.

Prof. Dr. Tran Minh Dien, Director of the National Children’s Hospital, offered a pediatric perspective. He stressed that these rules must protect both recipients and prospective child donors.

Living regenerative tissue donation by a child requires verified clinical needs. It also demands the proven absence of adult donors, full health risk assessments, and valid consent.

Medical evaluations must extend beyond physical readiness. Doctors must assess psychological health, cognitive awareness, and the child’s right to voice opinions freely. Crucially, the process must ensure the child faces no family coercion.

For post-mortem organ donation, medical teams must follow strict death confirmation rules. They need documented donation wishes, guardian approvals, and independent oversight. All transplant procedures must take place in fully licensed, qualified medical centers.

The policy never intends to allow arbitrary organ harvesting from children. Instead, it creates life-saving medical avenues under strict statutory rules. Above all, it protects children’s safety, dignity, and rights.

The National Assembly is collecting feedback from deputies and the public to finalize the bill before passage.

Source: vneconomy.vn