The revised Organ Transplant Law, which went into force July 17, permits organ transplants from brain-dead people if there is no record that they had ever objected to such a procedure and if their family approves. Since the revision, organ transplants from brain-dead people have been taking place at the pace of roughly once a week.
Under the original law, which went into effect in 1997, people had to express their desire to give organs at the brain-death stage in writing or possessed a donor card. From 1997 to July 2010, only 86 brain-dead people had donated organs. In August and September this year alone, 14 brain-dead people donated organs, topping the past annual record of 13. In total, some 450 people have received organs from brain-dead donors, and 400 are still alive.
The revised law also allows organ transplants from brain-dead children. Before such procedures take place, examinations must be carried out to ensure that brain-dead children were not victims of abuse. It should also be kept in mind that children have a stronger ability than adults to recover from brain damage.
There will be situations in which people suddenly have to make a difficult decision on whether to offer their loved ones's organs for transplant. Under such circumstances, they should not be pressured to agree to approve organ transplants. Information should also be disclosed concerning the process in which family members of brain-dead people have decided to allow organ transplants to determine if doctors and transplant coordinators have acted in an ethical manner.