The UAGA preserves the right of the individual to offer an anatomical gift. Therefore, a donor`s autonomous decision to make a donation must be respected. The OCT may perform any blood or tissue test or minimally invasive examination reasonably necessary to assess the suitability of the donation, prior approval and pre-notification. The hospital will not remove the necessary measures to maintain the relevance of a donation until the OCT has had an opportunity to communicate the hierarchy of the donation option. (UAGA C.26:6-89) Under the UAGA, a person can make a donation before their death or a surrogate mother can approve a donation at the time of the donor`s death. In this way, the UAGA delivers “two bites of the apple”. This is an important legal part of the system, as it offers two different legal ways to get a “yes” to the donation. Goal restrictions are simpler. A donor will specify a specific purpose for the donation – for example, a donor may want to donate to the donor`s alma mater to award scholarships, or the survivor of a medical condition may want to donate to a hospital or other charity to support research efforts on that medical condition. The online etymology dictionary traces the English word “donor” back to the mid-15th century, with Anglo-French, Old French, Latin and Proto-Indo-European origins. [1] First-person authorization is the term used when a person authorizes their own anatomical administration prior to death, usually through a donor registry.

Donor registries are anatomical donation registries. From a legal point of view, the donor registration process is not a consent process because it is not designed to be one and is not required by law. The donor registration process complies with the standard of the UAGA Donation Act. An adult can make a donation by registering as a donor or by choosing not to donate. The right to donate requires three fundamental elements: intention to donate, transfer and acceptance (4). The realization of these elements leads to a legally binding transfer of a donation from the donor to the recipient. The intention to donate under the UAGA can be realized either by an adult before the death or by a surrogate mother (the next of kin) at the time of the donor`s death. In fairy tales, a donor is a standard character who tests the hero (and sometimes other characters) and provides magical help to the hero when he succeeds. A donor in general is a person, organization or government that makes a voluntary donation. The term is usually used to represent a form of pure altruism, but is sometimes used when the payment for a service is recognized by all parties as less than the value of the gift and the motivation is altruistic. In business law, a donor is someone who gives the gift (law), and a recipient is the person who receives the gift. Donor registries have been successful, with annual growth over the past 10 years and more than 142 million donors registered as of January 2018, representing more than 54% of the adult population (6.7).

If a person is registered, there is a legally binding authorisation to donate under the UAGA at the time of the donor`s death, and family members do not have the right to override this decision (1). This is not only the law, because in current practice most donations are made even on family objections (3). The ability to move forward in these circumstances is supported by a certain degree of confidence that the production of an anatomical gift was the positive decision of the individual donor – a voluntary exercise of autonomy under the constructions of law and medical ethics. In the rare cases where a donation from a registered donor does not go beyond the family`s objection, it is usually due to marginal transplant potential or unusual circumstances related to registration. In such cases, the donation is not revoked from a legal point of view, but there is no transfer or acceptance (the second and third elements according to the Donation Act). Almost every hour, another person dies, waiting for an organ transplant. Despite significant technological improvements and numerous public service campaigns, there is still a significant shortage of organs, tissues and eyes for life-saving or life-enhancing transplants. This need paved the way for legislation to ensure national uniformity for organ, eye and tissue donation. This issue will focus on the UAGA`s position on approving first-person donation (i.e., when a person legally registers as an organ, eye and tissue donor). A donation is – from a legal point of view – the legally binding voluntary transfer of something from the donor to the receiver without payment (4). The absence of money exchange is important in this context, as federal law prohibits the purchase or sale of organs (5).

Therefore, ordinary contract law would constitute an inappropriate legal framework for organ donation, because for a contract to be legally binding, there must be a “quid pro quo” (payment of the promise to transfer something from one person to another). Note that donation and transplantation professionals are paid for their services, as this is excluded from the federal prohibition, and since according to the UAGA, the recipient of the anatomical donation is the recipient of the transplant, such payments do not cancel the legal construction of organ donation as a donation. The law requires that the law specify that the transfer of organs from donors to recipients is legally binding; The whole system depends on it. The right to donate offers the necessary legal certainty and is part of the reality of donating deceased organs as a different decision from typical decisions in the health sector. If a donor knowingly, intentionally and unconditionally transfers ownership (or a intended ownership symbol) to a recipient, the gift comes into effect and becomes irrevocable upon acceptance by the recipient. Gifts to non-profit organizations come in many flavors. Most often, donors give without setting any restrictions on the donation, but are confident that their donations will be used to promote the mission of the organization and that the organization is best able to make the decision on how to achieve this goal. However, some gifts are associated with cords. Understanding whether and how a donation is restricted is of paramount importance to nonprofits, as donor restrictions are not advice – they are binding legal prohibitions on spending donations in any way outside of expressly authorized purposes.