Abstract

IBANEZ MOLINERO, S.. Judicial intervention in organ donation from living donors: an act of voluntary jurisdiction. Cuad. med. forense [online]. 2015, vol.21, n.1-2, pp.79-84. ISSN 1988-611X.  https://dx.doi.org/10.4321/S1135-76062015000100011.

Along with transplants of organs from deceased donors, are increasingly important transplants from living donors. The Spanish law, like that of other neighboring countries, provides that the statement of this consent should be formulated under the supervision and with the approval of a Court. Ahead we refer to the rules governing this judicial intervention, intended to substantially ensure the full and free, informed and non-profit donor consent, so contributing to enhance transparency and legal certainty of the donation. Briefly recall legislative developments so as then to analyse the general requirements for such action. Finally, we refer to the procedures followed in the courts for the formalization of Consent; procedures that end with the drafting of the document called assignment. These procedures are set up as an act of so-called Voluntary Jurisdiction, type of judicial action characterized by the absence of conflict between Parties and procedural flexibility.

Keywords : Organ transplant; Live donor; Judicial proceeding; Voluntary jurisdiction; Assignment Document.

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