QuestionsQuestions (Republic Act No. 7170)
It authorizes the legacy or donation of all or part of a human body after death for specified purposes; the law is titled the “Organ Donation Act of 1991.”
Death is the irreversible cessation of circulatory and respiratory functions or the irreversible cessation of all functions of the entire brain (including brain stem). It is medically and legally dead when: (1) attempts at resuscitation would not restore natural cardiac/respiratory functions, or (2) there is irreversible cessation of all brain functions with no expected success from resuscitation/supportive maintenance. Diagnosis must be separately made by the attending physician and another consulting physician, and recorded in the medical record.
Any individual at least 18 years old and of sound mind may give by legacy, to take effect after death, all or part of his body for purposes specified in Section 6.
In order of priority: spouse; son or daughter of legal age; either parent; brother or sister of legal age; guardian over the person of the decedent at death. Donations are allowed absent actual notice of contrary intentions by the decedent or actual notice of opposition by an immediate family member.
Either after death or immediately before death.
A legacy or donation authorizes any examination necessary to ensure medical acceptability for the intended purpose. For cadavers of accident/trauma/other medico-legal cases, an autopsy shall be conducted immediately after pronouncement of death to determine qualified and healthy organs for transplantation and/or furtherance of medical science.
Hospitals/physicians/surgeons may receive for medical or dental education, research, advancement of science, therapy or transplantation. Accredited medical or dental schools may receive for education, research, advancement, or therapy. Organ bank storage facilities may receive for education, research, therapy, or transplantation. Specified individuals may receive for therapy or transplantation needed by them.
They must train qualified personnel to introduce the organ donation program to enumerated relatives in a humane and delicate manner, and accomplish necessary forms/documents as proof of compliance.
It may be made by will or in any document other than a will. In both cases, the legacy becomes effective upon the testator’s death (without waiting for probate for a will).
The document (e.g., card or paper) must be signed by the testator in the presence of two witnesses who sign in his presence. If the testator cannot sign, another may sign at his direction and in his presence, with two witnesses also signing in the testator’s presence.
No. Delivery during the testator’s lifetime is not necessary to make the legacy valid.
The attending physician or surgeon may accept the legacy as legatee, unless the testator expressly desired otherwise. Also, if no legatee is specified, the attending physician or surgeon may accept the legacy upon or following death.
The physician who becomes a legatee under this subsection shall not participate in the procedures for removing or transplanting the organs.
A donation must comply with formalities of a donation of a movable property. If none of the persons under Section 4 are available and there is no donation document, the physician in charge, head of hospital, or designated hospital officer in charge of custody of a medico-legal case may authorize removal in a public document, provided they exert reasonable efforts within 48 hours to locate the nearest relative/guardian.
Death must be diagnosed separately and certified by two qualified physicians who are not: (1) part of the medical team that will remove the organ, (2) the physician attending to the organ recipient, or (3) the head of hospital/designated officer authorizing removal.
Only authorized medical practitioners in a hospital may remove and/or transplant organs under the Act.
The legatee or donee may accept or reject. If it is a part of the body, the legatee/donee must effect removal prior to embalming, avoiding unnecessary mutilation. After removal, custody of the remainder vests in the surviving spouse, next of kin, or other persons obligated to dispose of the body.