Vietnam government removes controversial minor organ donation proposal

The change is included in the latest revised draft of the Law on Donation, Removal and Transplantation of Human Tissues and Organs and Donation and Recovery of Cadavers.

The draft law was scheduled to be discussed by the National Assembly (NA) in a plenary session on Monday morning.

In an earlier version submitted to the NA on October 21, the government proposed expanding the pool of potential donors while maintaining strict safeguards.

One of the most notable provisions would have allowed people under 18 to register as donors and donate their organs after brain death or circulatory death.

The earlier draft also permitted minors to donate regenerative tissue while alive.

Specifically, those aged 15 to under 18 could donate to family members, while children under 15 could donate to their biological parents or siblings.

The proposal included additional safeguards governing such donations.

However, the provision allowing minors to register as posthumous organ donors prompted considerable controversy and differing opinions among the public.

Taking these concerns into account, the government has revised the draft to stipulate that only individuals aged 18 or older may express their wishes and register to donate their tissues, organs or bodies.

The revised version removes provisions allowing minors to register as donors, as well as requirements concerning registration, changes to registration and cancellation of registration by minors with the consent of their legal representatives.

As a result, potential disputes between minors and their representatives over the cancellation of donor registrations will no longer arise.

Minors restricted to donating regenerative tissue

Many NA deputies suggested that people under 18 should only be permitted to donate regenerative tissue, such as bone marrow and stem cells.

They also proposed narrowing the eligible recipients to biological siblings or immediate family members, while applying consistent rules across different age groups.

In response, the government has revised the draft to establish separate conditions for donors aged 18 and above and those under 18.

Under the revised provisions, adults aged 18 or older who have not registered as donors may only donate tissue to their biological parents, biological siblings or biological children.

Meanwhile, individuals under 18 may only donate regenerative tissue, excluding blood and blood components, to their biological brothers or sisters.

Such donations are permitted only when no suitable adult donor is available and written consent has been obtained from the minor’s biological parents.