Organ transplants and their legal aspects

Organ Transplants and Their Legal Aspects

DNA Forensics Laboratory started providing form 5 in Organ Transplant DNA Tests. what is the importance of form why its required legally ?

Organ transplant is the process of surgically transferring a donated organ to a person or a patient diagnosed with organ failure. Injuries and many diseases like heart disease, hepatitis, diabetes, cirrhosis, etc can lead to organ failure.

The organs mainly donated are liver, heart, Kidneys, pancreas and skin, etc. Organ transplantation is a blessing for the medical industry as it helps in savings lives of people dying from dysfunctional or failed organs. The acquisition of organs for transplantation is done by removing the organs from bodies of deceased or alive people followed by legal requirements like consent of the concerned parties and death.

The human organ transplant act was initially passed in 1994 by government of India for effective and smooth running of removal, storage and transplantation of human organs for medicinal purposes and to avoid illegal organ trafficking. With the new amendments in 2014, transplantation of human organs act (THOA) came into existence.

As per TRANSPLANTATION OF HUMAN ORGANS ACT (THOA), FORM 5; which is for certification of genetic relationship of living donor with recipient, is mandatory. This has to be issued by the laboratory where DNA profiling is done. Without Form 5, the approval committee for live donor and organ transplant may not accept the application and consider it as incomplete. This is in accordance with “Transplantation of human organs rules 2014,”section 18, sub section 2 & 3 with regard to the same. It is also mentioned in the duties of registered medical practitioner in section 5, subsection 3 (c).

For hospitals having organ transplant facility, it is important to evaluate biological relationship of the living donors and recipients before the transplants. DNA test is done as per reference to sub-rule 2 by a NABL Accredited laboratory. Certificate should be given in FORM 5 along with DNA test report.

FORM 5 is the legal certification of the test results. The person (the one explaining the results of test) signing on form 5 can certify that whether the stated relationship between the donor and recipient has been established or not. In case, if the relationship is not established, he/she can use the result of test conducted to certify that.

Photographs and detail documentation of the donors and recipients cannot be the proof of biological relationship. DNA testing plays an important role in determining the biological relationships by performing paternity DNA test, maternity DNA test, STR, YSTR and mitochondrial DNA test.

The  lawmakers have made this form mandatory because the people who have to give clearance for live donor transplants I.e. Members of the competent authority or authorization committee may not be from medical background and hence they might not be able to interpret the results of DNA profiling.

DNA Forensics Laboratory Pvt Ltd providing testing services which is accredited by NABL and follows a transparent Protocol in sample collection and provides DNA profiling test reports as per THOA with form 5. We understand the importance of these tests for patients, and provide test reports with very effective turnaround time.
For further queries, please contact us or you may schedule an appointment with us by calling our helpline number: +9111 64777710 or +91 8010177771.

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