Legal Examination of the Role of Beneficiaries of Deceased or Brain-Dead Patients Under the Human Organ Transplant Law of 1379

Majidi, Javad; Ameri, Parviz; Hatami, Aliasghar

Legal Examination of the Role of Beneficiaries of Deceased or Brain-Dead Patients Under the Human Organ Transplant Law of 1379

Authors

Javad Majidi ¹

Parviz Ameri ²

Aliasghar Hatami ³

¹ PhD student of the Private Law Department, Emirates Branch, Islamic Azad University and Member of the Faculty of Islamic Azad University, Safashahr Branch

² Assistant Professor, Department of Law, Faculty of Law, Shiraz University

³ Associate Professor, Department of Law, Faculty of Law, Shiraz

Abstract

Background and Objective: The rapid advancement of science and technology in medicine has led to an escalating public demand for effective treatments for previously deemed incurable conditions. In many instances, organ transplantation emerges as the sole viable treatment option, necessitating the identification of suitable organ donors who meet specific criteria for donation and transplantation. Given the constraints on the availability of transplantable organs from living donors, the procurement of organs from deceased patients and individuals declared brain-dead has become increasingly significant. In 1379, the Iranian legislative body took notable steps to address these concerns by enacting a law comprised of a single article and three notes, subsequently followed by the approval of executive regulations in 1381. This legislation aims to establish a systematic framework for organ removal and transplantation processes.
Materials & Methods: This study employs a descriptive-analytical methodology, supplemented by comprehensive library research and documentary analysis. Data were systematically gathered from relevant scholarly publications, including peer-reviewed articles and academic texts, and subjected to comparative analysis to derive informed conclusions.
Results: The organ transplantation law addressing deceased patients and confirmed brain-dead individuals raises various legal questions concerning organ removal. However, it is fraught with significant ambiguities, particularly regarding the role of beneficiaries and the basis for their rights to grant consent for organ removal.
Conclusion: Findings indicate that obtaining consent from beneficiaries of deceased patients is imperative for organ removal under the 1379 organ transplant law. There exists considerable divergence in the interpretation of these rights' nature and foundation. Some viewpoints argue that such authority derives from the ownership representation of the deceased, while others contend that it stems from beneficiaries’ ability to act in the deceased's best interests. The executive regulations classify beneficiaries as legal heirs, requiring consent solely from primary heirs, rather than from all heirs. Additionally, when the need to save another Muslim's life is substantiated, the law allows for organ removal without the universal consent of all heirs. Therefore, it can be inferred that the rights of heirs do not arise from ownership or inheritance laws, but instead reflect a respect-oriented approach, suggesting that the role of beneficiaries may be predominantly ceremonial.

Keywords

Beneficiaries

Organ Removal

Brain Death

Consent

Organ Transplant Law