Family Objections to the Retrieval of Posthumous Organs for Transplantation

Abstract

<p>Purpose:<br></p><p>Two prevalent types of consent legislation exist in posthumous organ donation. Opt-in legislation requires individuals to explicitly express their desire to be a deceased donor, deeming posthumous retrieval without the donor's consent unacceptable. Opt-in legislation does not allow families to override the known wishes of deceased individuals. Challenges arise when families are unaware of their loved one’s preferences unless there is a specific directive. Even when donor wishes remain unknown, families may be required to provide consent. Conversely, opt-out consent legislation assumes every individual to be a willing donor by default unless they explicitly opt out. Even if a person did not object during their lifetime, clinicians consult the families of the deceased for the final decision. This study draws insights from health laws and ethical dialogues to assess the involvement of families in posthumous organ retrieval, provides cultural insights into the challenges posed by family objections, and offers normative solutions to mitigate these objections.<br></p><p>Methods:<br></p><p>This study has reviewed law and ethics literature to gain a broad perspective in posthumous retrieval.<br></p><p>Results:<br></p><p>Cultural factors include beliefs about the sanctity of the dead body, religious views on the declaration of death, and concerns about the afterlife. Refusals can be mitigated through open discussions between donors and family members.<br></p><p>Conclusions:<br></p><p>This study concludes how addressing family objections can enhance community trust and participation in organ donation, significantly increasing the supply of organs for transplantation and ultimately advancing primary healthcare outcomes in the community.</p>