TRANSPLANTATION OF HUMAN TISSUES ACT

Arrangement of Sections

1. Short title.

2. Donations to be taken effect upon death.

3. How the consent for a donation effective upon death is to be given.

4. Donees.

5. Relatives of any deceased person who may give consent to remove the body or any part thereof or nay tissue of such deceased person.

6. Donor may revoke the consent given for a donation effective upon death.

7. Consent by adult living person for the removal during life of non-regenerative tissues for transplantation.

8. Donation during life of re-generative tissues.

9. Authority to remove the body or any part thereof or any tissue of a deceased person.

10. Authority to remove the body, of tissue thereof of a person who dies in, or whose body has been brought into, a hospital.

11. Authority to remove the body, any part or any tissue thereof of a prisoner who dies inside a prison.

12. Power to authorise the removal of unclaimed bodies, for post-mortem examinations and anatomical research.

13. Any human body, or part or tissue thereof not to use for other purpose than for which it is donated.

14. Preservation of tissues.

15. Meaning of death.

16. Medical practitioner certifying death not to participate in transplantation.

17. Any sale, dealing in or disposal of a body, or any part or tissue thereof prohibited.

18. Disclosure of information.

19. Nothing in this Act shall apply to inquiries held into deaths.

20. Advisory Council.

21. Duties of the Council.

22. Regulations.

23. Interpretation.

48 of 1987.

AN ACT to provide for the donation of Human Bodies and Tissues for therapeutic Scientific, educational and research purposes; for the removal of such Tissues and the use on living persons; for the preservation of such tissues; and for matters connected therewith or incidental thereto.

[Date of Commencement: 11th December, 1987]

1. Short title.

This Act may be cited as the Transplantation of Human Tissues Act.

2. Donations to be taken effect upon death.

Any person above the age of twenty-one years, may consent to the donation, to take effect upon his death, of his body or any part thereof or any tissue (hereinafter referred to as a "donation effective upon death”) to be used for the advancement of medical and dental education, for the purposes of research, for the advancement of medical science or therapy or for use on any living person.

3. How the consent for a donation effective upon death is to be given.

(1) The consent for a donation effective upon death may be given by the donor by writing attested by two or more competent witnesses or on the prescribed form attested by two or more competent witnesses or orally in the presence of at least two competent witnesses.

(2) The fact that the donor has not specified in his consent the purpose of the donation effective upon death shall not by itself be sufficient to invalidate an otherwise valid donation effective upon death.

4. Donees.

(1) A donation effective upon death may be made to—

(a) any government hospital;

(b) any medical practitioner;

(c) any dentist; or

(d) any prescribed institution.

(2) Where the donor has not specified the donee, or where the donee is not available the government hospital or any prescribed institution nearest to the place where the donor died shall be deemed to be the donee.

5. Relatives of any deceased person who may give consent to remove the body or any part thereof or nay tissue of such deceased person.

(1) On the death of any person who has not given consent for a donation effective upon death, it shall be lawful for the next of kin of such deceased person, who is above the age of twenty-one years, to give prior consent in writing for the removal of the body of such person or such part or such tissue as may be specified in such consent, for any of the purposes specified in section 2, if such deceased person had not at any time during his life expressed any contrary intention.

(2) On the death of any child, it shall be lawful for both parents, or in the absence or incapacity of one parent, for the other parent, or in the absence of both parents, for the guardian of such child, to give prior consent in writing, for the removal of the body of such child or such part thereof or such tissue as may be specified in such consent for any of the purposes of section 2.

(3) No consent given under subsection (1) or subsection (2)
shall be valid unless the donee is specified in such consent.

(4) The donee under this section shall be the same as specified in section 4.

6. Donor may revoke the consent given for a donation effective upon death.

A donor may, during his life time and without the consent of the donee or any other person, revoke the consent given for a donation effective upon death, is whole or in part—

(a) by means of a writing subsequent to the writing by which the consent for such donation effective upon death is given; or

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