Title
Supreme Court
Legalizing Human Organ Use After Death
Law
Republic Act No. 349
Decision Date
May 17, 1949
Republic Act No. 349 legalizes the granting of permissions to use human organs or body parts for medical, surgical, or scientific purposes, with written authorization required and the authority remaining valid even after the grantor's death.

Q&A (Republic Act No. 349)

Republic Act No. 349 legalizes the permissions to use human organs or any portion of the human body for medical, surgical, or scientific purposes under certain conditions.

A person may validly grant the authority to a licensed physician, surgeon, known scientist, or any medical or scientific institution.

The authorized person can detach organs or parts of the body any time after the grantor's death or if the organ/part would be detached for a legitimate reason.

The authorization must be in writing; specify the person or institution granted the authority; specify the organ, part or parts to be detached; specify the specific use of the organ or part; and must be signed by the grantor and two disinterested witnesses.

If the grantor is a minor or incompetent, the authorization may be executed by his guardian with court approval, or in default, by the legitimate father or mother in order.

No, married women may grant the authority without the consent of their husband.

A copy of every authorization must be furnished to the Secretary of Health.

Yes, the authorization binds the executors, administrators, successors, and all members of the deceased's family.

Any law or regulation inconsistent with this Act is repealed.

The Act took effect upon its approval on May 17, 1949.


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