Human Organ Donation Law and its Executive Regulation

Article 1

In this Law, the following words and phrases shall have the meanings assigned thereto, unless the context requires otherwise:
1. Law: Human Organ Donation Law.
2. Regulations: Implementing Regulations of this Law.
3. Council: Saudi Health Council.
4. Chairman: Chairman of the Council.
5. Center: Saudi Center for Organ Transplantation.
6. Director General: Director General of the Center.
7. Human Organ: With the exclusion of blood, a human organ is any part of a human body, whether dead or alive, or the tissues or components thereof, which can be transferred into the body of another human being.
8. Person: A fully competent person above the age of eighteen.
9. Donor: A person who consents to the transfer of any of his human organs during his life or after his death, or whose heirs or relatives consent to the transfer of any of his human organs after his death, in accordance with the provisions of this Law.
10. Recipient: A patient into whose body the donated human organ is transplanted. 11. Transfer of Human Organs: A medical procedure through which a human organ, or part thereof, is removed from the donor’s body and transplanted into the recipient’s body using any medical means approved by the Center.
12. Will: A donor’s consent to the transfer of any of his human organs after death without consideration.
13. Death: The definite death of a human being according to established medical standards, as a result of the irreversible cessation of the heart and lungs or the irreversible cessation of the brain stem, where it becomes impossible for such human being to return to life.
14. Health Facilities: Public or private entities, as specified in the Regulations, which provide healthcare services.
15. License: A permission granted to a health facility to perform surgeries for the removal or transplantation of human organs.

Article 2

A person may donate or make a will for the donation of any of his human organs, in accordance with the provisions of this Law and without prejudice to the provisions of Sharia, provided that such donation or will is made in writing and authenticated in accordance with the Regulations.

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Article 3

In cases other than those stipulated in Article 2 of this Law, human organs may be transferred from the body of a dead human being subject to the consent of his closest heir. If his heirs cannot be identified, the consent of his closest relatives shall be obtained. If there are multiple close relatives of the same degree of kinship, the consent of the majority of such relatives shall be obtained. Such consent shall be made in accordance with the controls specified in the Regulations.

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Article 4

A donor, before the removal of his human organ, and a testator may rescind the decision to make the donation without any restrictions or conditions. This provision applies to persons who have given consent in accordance with Article 3 of this Law.

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Article 5

In other than the cases stipulated in Article 8 of this Law, a surgery for the transfer of a human organ may not be performed unless the following conditions are satisfied:
1. The surgery must be performed at a health facility licensed in accordance with Article 15 of this Law, provided that coordination is made with the Center prior to the surgery.
2. A living donor must undergo an examination by psychiatrists and social workers to ensure that no factors affect the validity of his consent to the donation.
3. A donor must undergo a comprehensive medical examination by a qualified and specialized medical team to ensure that he is medically fit.
4. A donor must be duly informed of the effects that are certain or likely to happen as a result of the human organ removal surgery. This shall be made under the supervision of the Center.

Article 6

A health facility that is licensed in accordance with Article 15 of this Law where a surgery for the removal of a human organ from a donor is performed shall immediately notify the Center of the surgery, and the Center shall take the necessary action as prescribed in this Law and the Regulations.

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Article 7

The Center shall—in coordination with the health facilities it designates within the Kingdom, or abroad if necessary—determine the suitability of the donated human organ for transplantation into the recipient’s body. The Center may, as necessary, seek the assistance of one medical committee, or more, comprising specialized physicians in this field.

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Article 8

Donation of human organs shall be prohibited in the following cases:
1. If the human organ to be donated is necessary for the donor’s life, or if the donation would result in the donor’s death or the malfunction of an entire organ or would prevent the donor from exercising his normal day-to-day activities.
2. If the medical team assigned to transfer the human organ decides that transplantation into the recipient’s body is unlikely to succeed.
3. If the living person is fully or partially incompetent; in such case, the consent of his guardian, custodian, or caretaker shall not be deemed valid.
4. If the person makes a will that none of his human organs is to be donated after his death.
5. If the human organ to be donated is an organ producing reproductive cells which contain hereditary information or any part thereof.

Article 9

If the medical team assigned to conduct the medical examination of the donor or perform the transfer of the human organ decides that it is necessary to conduct an examination of the human organ to be donated, the controls prescribed in the Regulations shall be observed, without prejudice to the provisions of Sharia governing research on human organs.

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Article 10

While removing a human organ, the donor’s dignity must be respected and the donor must be protected against any desecration or disfigurement. No information relating to the donor’s body, whether dead or alive, may be disclosed, except in cases provided for by the law or if such disclosure is ordered by a judicial body.

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