Title
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.

Required written authorization contents

  • Section 2 requires the authorization to be in writing.
  • Section 2 requires the authorization to specify the person or institution granted the authorization.
  • Section 2 requires the authorization to specify the organ, part, or parts to be detached and the specific use or uses of those organ(s) or part(s) for medical, surgical, or scientific purposes.
  • Section 2 requires the authorization to be signed by the grantor and two disinterested witnesses.

Execution when grantor is a minor/incompetent

  • Section 2 allows execution of the authorization by the grantor’s guardian if the grantor is a minor or incompetent, but only with court approval.
  • Section 2 provides that, in default of the court-approved guardian execution, execution may be made by the legitimate father or mother, in order, named.
  • Section 2 allows married women to grant the authority without the consent of the husband.

Notice to the Secretary of Health

  • Section 2 requires a copy of every authorization to be furnished to the Secretary of Health.

Binding effect after death

  • Section 3 provides that an authorization granted in accordance with this Act binds the deceased grantor’s executors, administrators, and successors.
  • Section 3 also provides that the authorization binds all members of the grantor’s family.

Repeal, effectivity, and approval

  • Section 4 repeals any law or regulation that is inconsistent with Republic Act No. 349.
  • Section 5 provides that Republic Act No. 349 takes effect upon its approval.
  • Republic Act No. 349 was approved May 17, 1949.

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