The Legal considerations regarding organs

Abstract

            The paper presents some legal angles relating human organ transplant which its shortageis is apparently challenging the world. Many patients can not wait for donation which take tremendously long times. This results to illegal sell of human organ, organ trafficking nationally and internationally. Rich patients are eager to pay for the high prices of important organs that can save or prolong their lives, while poor patients who sell their organs may suffer from being disability and death. Particularly, children who are ignorance may be willing to sell their organs for the exchange of luxury goods. Even the organ espionage from the victim. It is one of issue raised in the discussion on the human trafficking. Surrogacy is recently linkage to the issue of using of the infant organs.

            Like many countries, Thailand are facing with the shortage of donated organs using for saving human life. Thai law concerning this problem consist of, the Civil and Commercial Code, the Criminal Code, Anti-Human Trafficking Act, B.E. 2551, Protection of a Child Born By Medically Assisted Reproductive Technology Act, B.E. 2558. As well, the Code of conduct of the Medical Council of Thailand can not effectively cope with aforesaid issues.

            Previously, the author had the view against the idea “all are donators” because this might contrast religious believes and fundamental perception toward mandatory organs donations, and believed that the Thai society was not ready for mandatory donations. But his view changed when considering the fact that this would lead to an ‘inequality of the patients  between the rich and the poor who waited for transplant organs. Consequently, the author has the view that mandatory donation organ should be required by law which has an ‘opt – out clause’ for one who prefers not to donate. To this, public should be well informed regarding organ donation problems, and mandatory organ donation principles and practices.  Also public hearing should be conducted for gathering opinions, problems, and prospects.