A Child as a Subject of Legal Relations in the Sphere of Organ Transplantation

Abstract

The article is devoted to the study of organ transplantation involving children, in particular to determining their legal status as recipients and donors, as well as examining the ethical and legal issues arising in this field. The paper analyses the normative definition of the concept of a «child» in various legal acts and examines the principle of the best interests of the child as a fundamental basis for regulating medical legal relations. It is established that organ transplantation involving children constitutes a complex multidimensional legal institution that combines medical, ethical, and legal aspects and therefore requires particularly balanced legal regulation. The study reveals that when a child acts as a recipient, the legislation provides for the child’s priority right to receive donor organs, as well as the mandatory requirement of informed consent from parents or other legal representatives, except in emergencies that pose an immediate threat to life. It is established that Ukrainian legislation prohibits living organ donation by minors, except for hematopoietic stem cell donation in cases expressly provided by law and subject to strict legal conditions. Such an approach is justified by the need to ensure the highest level of protection of the child’s life and health. Particular attention is paid to the ethical challenges of modern transplantation medicine, including the practice of conceiving children for subsequent donation. It is argued that such a practice contradicts the principle of respect for the dignity of the child and cannot be considered acceptable from the perspective of contemporary law and bioethics. The article also examines the peculiarities of posthumous donation involving children. The study identifies gaps in legal regulation, particularly concerning the prohibition on the removal of anatomical materials from orphans, children deprived of parental care, and unidentified persons. The author proposes the introduction of a special legal mechanism that would allow an authorised guardianship and custody authority to provide consent for posthumous donation involving orphans and children deprived of parental care. Such an approach would contribute to achieving a balance between the protection of the rights of vulnerable categories of children and the public need for the development of transplantation medicine as an effective means of preserving human life and health.