The Legal Capacity of the Donor and his Right to Receive a Reward in the Field of Human Organ Transplantation

Abstract

Most of the legislation governing the transplantation of human organs require the donor or testator to be fully capacitated in order to sign a written consent of the donation or the will, whichever chosen. However, the researcher believes that requiring a full legal capacity in the donor or testator should not be decisive. Every rule must have exceptions that apply in cases of necessity and for saving lives without negatively affecting the health status of the donor. Minors should be able to donate their organs under certain conditions and record their intentions to make an organ donation. The researcher concludes that there is an urgent need to amend the Bahraini Law No 16 of 1998 as to include, among other issues, definitions for a mentally dead and a fully capacitated person.