أ.د. خليل ابراهيم محمد مركز الأجنبي من زراعة الأعضاء البشرية) دراسة مقارنه)

Abstract

Human organ transplantation is considered one of the most critical surgical procedures, requiring a donor to voluntarily give one of their organs to a patient in urgent need of a healthy organ to replace a damaged one that no longer responds to conventional treatment. Due to the high risk involved in such operations, their impact on the sanctity of the human body, and in order to curb the trafficking of human organs, national legislations have intervened to regulate and define the parameters of these procedures from various aspects, including specifying the individuals eligible to donate organs and tissues. Legislators have generally agreed to limit organ donation to nationals of the same country, given the scarcity and precious nature of human organs and the belief that nationals should have priority over foreigners. However, for humanitarian and medical reasons, the laws have exceptionally allowed foreigners to undergo organ transplantation, but under the condition of kinship. That is, whether the foreigner is a donor or a recipient, they must be a relative of the national. In order to clarify and explore the above within the scope of private international law, and to delineate the boundaries of organ transplantation between nationals and foreigners, we have adopted a comparative legal approach to arrive at the best outcomes and recommendations