Organ donation, the legal framework

Various factors influence the availability of post-mortem organs. The most important ones (systems to be applied for organ retrieval to be lawful, organizational and financial aspects, information of the public) are discussed. Because there will always remain some shortage of organs, the selection problem of recipients of an organ is also discussed. Its public acceptability and the possibility for scrutiny are pleaded for. Commercialization is rejected as being against the health interest of donor and recipient. A design for a European (legal) framework is given with a view to create optimal chances for a patient in need of an organ. Further cooperation in this field between the European Communities, the Council of Europe and the World Health Organization is recommended, which might result in the drawing up of a Convention on the subject matter.