National legislation on organ donation
Main law references
In Romania, the legal basis for organ and tissue donation is Title VI “Execution of the removal and transplantation of organs, tissues and cells of human origin for therapeutic purposes” of Law 95/2006 “On Health Reform”.
In 2016, Parliament adopted Law No. 9 of 18 January 2016 to ratify the Additional Protocol to the European Convention for the Protection of Human Rights and Dignity of the Human Being with regard to Applications of Biology and Medicine, concerning the Transplantation of Organs and Tissues of Human Origin, signed in Strasbourg on 20 February 2015.
The alignment with European legislation is also the result of the presence of a Romanian representative in the Council of Europe’s Commission on Organ and Tissue Transplantation.
Expression of consent or dissent to the donation and organs that can be donated
The removal of organs, tissues and cells of human origin from a living donor may be carried out on adults in full legal capacity after obtaining their informed, written, free, prior and express consent.
The removal of organs, tissues and cells from a deceased donor can be carried out when the donor’s brain death has been ascertained and at least one of the family members or adult relatives has given consent or, even in the absence of consent from family members, if during his lifetime the deceased person had expressed his choice in favour of donation by means of a notarial deed of consent to the removal and registration in the National Register of Organ, Tissue and Cell Donors.
National laws on organ donation