Organ donation is regulated by the Transplantation Act (TPG), which came into force in Germany in 1997. It regulates the donation, removal, procurement and transfer of organs. The guideline authority for organ transplantation lies with the German Medical Association (Herold 2020).
In organ donation, a distinction is made between living and cadaveric donation.
Cadavericdonation: In the case of cadaveric donation, according to the Transplantation Act (TPG), the donor must have already consented to donation during his lifetime in the form of a so-called "donor card". The willingness to donate organs cannot be recorded in the will, as the time of a possible donation would already have passed by the time the will is made. If there is neither written consent nor an objection, next of kin can make this decision - taking into account the presumed will of the donor - within a reasonable time. However, the next of kin are only authorised to make a decision if they have had personal contact with the deceased in the last two years (Bundesministerium der Justiz und für Verbraucherschutz 2020).
Living donation: The TPG specifies exactly who is eligible for living organ donation (Kuhlmann 2015). Donors can be close relatives or persons from the immediate environment of the affected person who are personally closely connected to the recipient (Herold 2018).
Relative contraindications for living donor are:
- esity
- paired glucose tolerance
- creased risk of developing type 2 diabetes mellitus (Kuhlmann 2015).
Example kidney transplantation: In 2010, 2,903 kidney transplantations were performed in Germany, of which > 20% were living donors. In the same period, 7,869 patients were waiting for a transplant kidney. (Kasper 2015)
The Eurotransplant (ET) foundation, established in Leiden (the Netherlands) in 1967, is the central intermediary for post-mortem donated organs. Potential organ donors are reported to ET immediately after their death and are included in the allocation process.
The donor organ is allocated according to a precisely defined points system based on their urgency, likelihood of success and equality of opportunity (Krukemeyer 2008).
In the Netherlands and Belgium, so-called non-heart-beating donors are also possible, i.e. removal and placement of organs after cardiac arrest.
A distinction is made between several categories:
- Category I: This is a so-called "uncontrolled" donation, where the patient has already suffered a cardiac arrest on arrival at the hospital.
- Category II: This is also an "uncontrolled" donation, but where resuscitation was unsuccessful and has already been terminated.
- Category III: Category III is a so-called "controlled" donation, where cardiac arrest is already expected. Ventilation and drug therapy are deliberately discontinued and cardiac arrest is awaited. As soon as cardiac arrest has occurred, the organs are removed 10 minutes later.
- Category IV: This is also a so-called "controlled" donation, except that cardiac arrest occurs after brain death has already been established. As soon as the cardiac arrest has occurred, the organs are removed 10 minutes later. (Krukemeyer 2008)