The Impact of Organ Donation: Why Including It in Your Will is Crucial

Introduction:

Organ donation is a selfless act that can save lives and improve the quality of life for countless people. In India, where the demand for organ transplantation is high and supply is low, it becomes even more crucial to consider becoming an organ donor. By including organ donation in your Will, you can make a lasting impact on the lives of others, even after you're gone. 

A study conducted by the National Organ and Tissue Transplant Organization (NOTTO) reveals that there has been tremendous improvement in conducting organ transplants in India in the past few years. Nevertheless, regardless of an increasing number of successful transplant operations, the rate of organ donations is not high in relation to the population, which indicates the ongoing gap between the number of people who need donated organs and their supply. This underscores the reason why more awareness and involvement of the population in organ donation are still necessary in the country.

In this blog post, we'll discuss the significance of organ donation in India and why including it in your Will is essential.

The Growing Demand for Organs in India

• Over 5 lakh people await organ transplants in India, with many new patients added each year. Many patients require vital organs such as kidneys, livers, and hearts, but the available transplants meet only a limited portion of this growing demand.

• The gap between the demand and supply of organs is vast, leading to the loss of many lives.

• The growing number of people awaiting organ transplants in India continues to rise each year, and the demand for kidneys, livers, and hearts is particularly high.

• Compared globally, India is among the top countries performing organ transplants, behind only a few nations with advanced healthcare systems. However, the rate of organ donation per population remains comparatively low, especially when measured against countries with well-established organ donation awareness and infrastructure.

The Power of Organ Donation

• One donor can save up to 8 lives through organ transplantation.

• Tissue donation can improve the lives of over 50 people.

• It helps reduce the waiting time for patients in dire need of organs. 

• To illustrate, cornea donations can cure the sightless, and skin donations can heal the burn victims. Each organ matters- and a life-saving donation can change the life of the family who has been awaiting a second opportunity to live. 

In a heartening example of Maharashtra, the family of a donor immediately obliged the request of the dying to be an organ donor, and five life-saving organ transplants were performed within 24 hours of the confirmation of brain stem death.

The Significance of Including Organ Donation in Your Will

• Provides clear consent: Including organ donation in your Will ensures your wishes are known and respected after death. The consent of an individual given under the Transplantation of Human Organs and Tissues Act (THOTA), 1994, whether in writing (e.g., a Will), is a legally binding document to help direct families and hospitals in the process of performing the donation.

• It also reduces your family’s burden by relieving them from making difficult decisions during a time of grief.

• Encourages others: Your decision may inspire many others to become organ donors, ultimately saving more lives.

• Numerous Will-drafting platforms, such as AasaanWill, simplify the process of adding an organ donation clause, ensuring that it is legally binding and that the family can take action right when it is most necessary.

Myths and Misconceptions About Organ Donation

• Age is not a barrier: There is no age limit for organ donation; even elderly people can donate organs if medically suitable.

• Religion: Most religious beliefs support organ donation as a noble and selfless act. Compassion and the moral responsibility of saving lives are promoted in many religions, such as Hinduism, Islam, and Christianity, and the significant religious councils in India support the idea of organ donation as a charitable act.

• Organ trafficking: Legal and ethical guidelines in India strictly prohibit the buying and selling of organs. Under Section 19 of THOTA, any type of commercial activity related to organs may result in imprisonment of up to 10 years and fines of up to 10 Lakhs.

Legal Framework Governing Organ Donation in India

The regulation of organ donation in India is governed by the Transplantation of Human Organs and Tissues Act (THOTA), 1994, as amended from time to time. It legally defines brain-stem death, regulates the donation process, and prohibits the trade of organs. It requires that hospitals be registered, and the stringent certification procedure followed, which includes independent verification by doctors of brain stem death. Although individuals can pledge themselves for the donation of organs, consent of the next of kin is mandatory. Hence, declaring your wishes in the Will ensures both legal expression and emotional preparation of your family members.

Steps to Include Organ Donation in Your Will

• Consult a legal advisor: Seek professional advice to ensure your Will complies with Indian laws. Platforms like AasaanWill enable you to specifically include an organ donation clause in your Will, thereby giving you a legally valid and convenient document.

• Specify the donation: Clearly outline which organs and tissues you wish to donate. You can mention “all viable organs” or mention specific organs like kidneys, liver, etc., or cornea, etc., depending on your wishes.

• Inform your family: Discuss your decision with your family and ensure they are aware of your wishes. It is also important to inform your next of kin about this in advance, so that there is no confusion and to ensure smooth coordination with relevant bodies, such as NOTTO or regional transplant centers.

Enhancing Coordination and Trust in Organ Donation

Clear legal documentation of your organ donation wishes provides a foundation for good and smooth coordination of care among healthcare providers, transplant organizations, and your family and loved ones at a time of crisis. It ensures that healthcare teams act quickly and reduces administrative delays. Moreover, when organ donation wishes are documented, it fosters transparency, results in fewer disagreements, and reinforces a greater deal of trust in the organ donation process itself, which helps promote the goal of saving lives through timely organ transplantation.

The Ultimate Legacy: Leaving the Gift of Life Through Your Will

A properly drafted Will through professional platforms like AasaanWill ensures your wishes comply with THOTA regulations and are legally sound. Choosing to donate organs through your Will is more than a final wish—it is the gift of all gifts, leaving behind the greatest gift of all: the gift of life.