Cadaver kidney transplantation: ethics and consent

Organ transplantation began to develop soon after the Second World War. The constant progress made in organ transplantation has resulted in an increase in the number of operations carried out. The laws governing transplantation are often drawn up to deal with the de facto situation in a particular country. The study focuses on Guideline 1 adopted by 44th World Health Assembly (resolution WHA 44-25) concerning consent in cadaver kidney transplantation. The discussion of the question of consent is based on a comparative study of the laws regarding kidney transplantation in the countries of what is known as Greater Europe. The points of discussion presented are not offered with a view to advocating a system where soliciting the consent of the family would be considered as ethically necessary. Given the current legal constraints, the presumed consent procedure, with consultation of the family would appear to be more appropriate.