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