Donors must be informed of law on organ transplants: Centre to states

NEW DELHI: The Centre has directed states and Union Territories to ensure that prospective living organ donors, patients and their attendants are counselled and informed at the earliest stage about the legal rules governing organ donation and transplantation to reduce avoidable litigation and delays in transplant procedures.

The advisory was issued by the National Organ and Tissue Transplant Organisation (NOTTO) under the Union Health Ministry after authorities observed a rise in court cases related to approvals and other legal processes connected with organ donation and transplantation.

In the advisory dated July 27, NOTTO Director Dr Anil Kumar said many legal disputes arise because patients, prospective donors and their family members are not fully aware of the prescribed procedures, appeal mechanisms available under the Transplantation of Human Organs and Tissues Act, 1994, the Rules framed under it, and the timelines for these processes.

He said such litigation often leads to avoidable delays in completing mandatory procedures, consuming valuable time during the approval process and causing unnecessary hardship to patients and prospective donors awaiting transplantation.

The advisory asked states and Union Territories to instruct all registered organ transplant hospitals to provide adequate counselling and information to every prospective living donor, patient and attendant during the earliest stage of evaluation.

Hospitals have also been asked to explain the applicable legal requirements, approval procedures and authorities involved under the Act and Rules.

NOTTO said approval procedures and appeal mechanisms should be explained in simple language to help people make informed decisions. The advisory was also addressed to Regional Organ and Tissue Transplant Organisations and State Organ and Tissue Transplant Organisations.

Dr Kumar further directed hospitals to comply with existing guidelines governing the approval process for living donor transplantation cases.

States have also been requested to sensitise transplant hospitals through regular interactions and webinars to promote accurate understanding of the statutory framework.
4-fold rise in transplants

Officials said the number of organ transplants in India has increased fourfold, rising from fewer than 5,000 in 2013 to nearly 20,000 in 2025. Around 18 per