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The Future of BioethicsInternational Dialogues$
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Akira Akabayashi

Print publication date: 2014

Print ISBN-13: 9780199682676

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780199682676.001.0001

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Commentary

Commentary

Presuming Minor Consent and Allowing Family Veto: Two Moral Concerns about Organ Procurement Policy*

Chapter:
(p.426) 12.4 Commentary
Source:
The Future of Bioethics
Author(s):

Hitoshi Arima

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199682676.003.0056

This paper focuses on two pragmatic questions policymakers confront when considering the implementation of a presumed consent policy for organ procurement: whether they should presume a minor’s consent in pediatric organ donation cases, and whether they should allow family members to make the final decision for a brain-dead patient in the absence of any expressed wish. Consideration of these questions will reveal how complicated and difficult the justification of presumed consent legislation could be, far more so than indicated by Dr. Arthur Caplan in his rather brief discussion on this subject (in his article, “Trafficking and Markets in Kidney: Two Poor Solutions to a Pressing Problem”).

Keywords:   Presumed consent, family veto, organ transplants from minor donors, Japanese Organ Transplantation Law

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