[Reforming organ transplant law: a legal memorandum]

Two bills to reform 'Act Concerning Organ Transplantation' are going to the Diet. Both bills aim to enable to carry out'child organ transplantation'. The Japanese Act requires valid written consent of the donor to procure an organ from the dead body. A child under the age of fifteen is thought to be unable to express his or her valid will. This paper discusses various points implied in this issue: opt-in of donor, equality of human being prescribed in Constitution of Japan, the autonomy of the dead, preferred donation to a relative. Tissue transplantation and organ transplantation among the living, which are not included in the Act, are also discussed.