Donacion De Organos Aspectos Legales En Mexico

Donacion De Organos Aspectos Legales En Mexico

Donation is the act of donating an organ, tissue or cells of oneself to another person who needs them to improve their health. The donation process includes medical, social, psychological, ethical and legal aspects. The donation is coordinated by a group of doctors, nurses, paramedics and social workers who are trained to encourage donations and increase the number of transplants performed in the country. The implicit or explicit expression of minors, incapacitated persons or persons who, due to any circumstances, are prevented from expressing them freely is not valid, as is article 324.- There is tacit consent of the donor if he has not refused that his body or components be used for transplants, provided that the consent of one of the following persons is also obtained: spouse, concubine, concubine, descendants, ascendants, brothers and sisters, adoptees or adopters; according to the specified priority. Article 327 Trade in organs, tissues and cells is prohibited. The donation of these for transplantation purposes is subject to the principles of altruism, absence of reasons for profit and confidentiality, so their supply and use are strictly free. Article 323.- Explicit consent is required: Express consent given by a pregnant woman is only allowed if the recipient is threatened with death and provided that it does not pose a risk to the health of the woman or the product of conception. In the case of tacit donation, organs and tissues may be removed only if this is necessary for transplantation purposes. Article 328 Only in the event that the loss of the donor`s life is linked to the investigation of a criminal offence does the Public Prosecutor`s Office and the judicial authority act on the removal of organs and tissues. For the donation of blood, blood components and hematopoietic progenitor cells. Legislation determines how this consent is obtained. Secondary waste disposal companies may give the consent referred to in the preceding paragraphs if the donor is unable to express its will in this regard. In the same way, the National Transplant Center will be responsible for issuing the official document expressing the express consent of all persons whose intention is to donate their organs after their death for use in transplants.

The letter by which the person declares that he is not a donor may be private or public and must be signed by the latter, or the explicit refusal may be included in one of the public documents drawn up for this purpose by the Ministry of Health in coordination with other competent authorities. Article 320 Any person is alienated by his body and may donate it in whole or in part for the purposes and conditions provided for in this Title. Article 329 The National Transplant Centre shall record the merit and altruism of the donor and his family. Article 321 The donation of organs, tissues, cells and corpses consists of tacit or explicit consent of the person, so that, in life or after his death, his body or one of its components is used for transplants. In all cases, care must be taken to ensure that the donation is subject to the principles of altruism, lack of profit and feasibility, conditions which must be recorded in the minutes drawn up for these purposes by the respective internal committee. In the case of blood, blood components and hematopoietic precursor cells, the provisions of the legislation adopted for this purpose by the Ministry of Health must be complied with. For a donation, the approval of the people who make the decision is required: the donor himself, especially in the case of lifetime donation, or the elimination company, that is, the people who decide to donate the organs or tissues of a family member who has lost his life. Here you can find out how a living gift or funeral gift happens. The donation process takes place in hospitals approved by the Federal Commission for Protection against Health Risks of the Ministry of Health. (see the list of authorized hospitals). The process is briefly described below. The explicit donation, if it corresponds to adults with legal capacity, cannot be revoked by third parties, but the donor can revoke his consent at any time without his responsibility.

Article 322.- The express donation is made in writing and may be extended if it concerns the overall disposition of the body, or limited if it is granted only in respect of certain elements. The express donation may indicate that it is made for the benefit of certain persons or institutions. The donor may also express the circumstances of the mode, place and time and any other condition required by the donation.

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