Legal Problems of Human Organs

Authors

  • Mr.Tattanan Khonglamthan Lecturer, Department of Law, College of Politics and Governance, Suan Sunandha Rajabhat University.
  • Mr.Tanawat Pisitchinda Department of Law, College of Politics and Governance, Suan Sunandha Rajabhat University
  • Mr.Jaturong Poemrungruang Department of Law, College of Politics and Governance, Suan Sunandha Rajabhat University
  • Mr. Thodsapol Chuchoti Lecturer in Forensic science, Faculty of science and technology, Suan Sunandha Rajabhat University

Keywords:

Property, Organ Donation, Anonymous Deceased, Testament

Abstract

This research aims to (1) study solutions and recommendations for the deceased organ donation by those involved and (2) investigate solutions related to contemplation of death of Thai and foreign laws. The study adopted the qualitative research approach with the documentary research method.

The results revealed that Thailand recognized the voluntary organ donation but the organ donation went short. Without relative’s consent and voluntary organ donor registration, a viable from an anonymous deceased with a state of brain death was not available for an organ transplant procedure inevitably. Thailand law did not require the organ donation testament. Singapore introduced the Human Organ Transplant Act (HOTA) for voluntary and compulsory organ donation. These organ donations could be revoked if donors changed their mind later and there was no requirement of organ donation testament. However, the United States employed both the voluntary organ donation and organ donation testament.

The author suggests that Thailand should enact a compulsory organ donation law as same as Singapore’s HOTA to address the problem of donated organ shortage. Nevertheless, this new law permits a donation revocation and has Royal Thai Police, Medical Council, Thai Red Cross Society and Institute of Forensic Science participate in studying anonymous deceased’s organs for transplantation. A provision of organ donation testament should be written in the announcement of the Thai Red Cross Organ Donation Centre under the Thai Red Cross Society’s Regulations, B.E. 2545 (2002) on organ donation testament.

References

Accident Information to Promote Road Safety Culture Center. 2021. Retrieved on 16 September 2022. from https://www.thairsc.com /data-compare

Announcement of the Medical Council No. 7/2011 on Criteria and Methods for Brain Death Diagnosis.

Chalermchai Kasemsan. (2013). Explanation of the Civil and Commercial Code on Inheritance. (8th Edition). Bangkok: Institute of Legal Education (Thai bar Association).

Chatkaew Sonsiri. (2012). Criminal Liability of Physician Performing Organ Transplantation from Deceased. Master’s Thesis, Faculty of Law (Law). Bangkok: Thammasat University.

Duangporn Phetkong. (N.P.). The Living Will. Secretariat of the House of Representatives. Retrieved on 12 March 2023. from https://www. parliament.go.th/ewtadmin/ewt/elaw_parcy/ewt_dl_link.php?nid=1786 https://www.constitutionalcourt.or.th/occ_web/ewt_dl_link.php?nid= 9651

Juthamas Nisarat. (2013). Explanation of the Civil and Commercial Code on Property. (1st Edition). Bangkok: Ramkhamhaeng University Press.

Manit Jumpa. (2013). Explanations of the Civil and Commercial Code on Property. (6th Edition). Bangkok: Chulalongkorn University Press.

Manoch Suksang. (2020 January-June). Law on Organ Transplantation. Local Journal of Law and Society, 4(1), 151-179.

Ministry of Health Government of Singapore, 2022. Retrieved on 19 Septem ber 2023. from https://www.moh.gov.sg/policies-and-legislation/ the-medical-(therapy-education-and-research)-act(mtera)

Nuttavee Asiphong. (2018). Legal Problems of The Consent of Brain-Dead Organ Donors and Those Involved. Master’s Thesis, Faculty of Law (Law). Bangkok: National Institute of Development Administration.

Nuttida Srinak. (2020 May-August). A Study of Methods for Management of Unidentified and Anonymous Deceased in Thailand and Foreign Countries. Journal of Justice, 13(2). 142-144.

Office of the Secretariat of the Committee on the Development of Missing Persons Tracing and Identification of Anonymous Person and Anonymous Deceased. 2022. Statistic Chart of Anonymous Corpse. Retrieved on 17 September 2022. From https://www.thaimissing. go.th/stat.

Phairot Kampusiri. (2020). Principles of Inheritance Law. (6th Edition). Bangkok: Thammasat University, Faculty of Law, Textbook and Handout Project.

Phornpipat Benyasri. (2018). The Principle of Limiting the Rights and Freedom of the Military according to Principles. Retrieved on 14 March 2023. From

Regulations of the Medical Council on the Commitment on Medical Code of Ethics (3rd Edition) 2008.

Regulations of the Thai Red Cross Society on Thai Red Cross Organ Donation Centre, B.E. 2545 (2002).

Suthipong Kitchaicharoenphon (2015: March). Informed Consent of Patient Representatives. Journal of Graduate Studies, 9(1), 182-183

Thai Red Cross Organ Donation Center. (2013). Organ Transplant Handbook (Concise Version)

Thai Red Cross Organ Donation Center. (2022). Number of Organ Donors Chart. Retrieved on 15 September 2022. from https://www.Organ donate.in.th/download

Thai Red Cross Organ Donation Center. (N.P.). History. Retrieved on 14 March 2023 from https://www.organdonate.in.th/about

Thai Red Cross Organ Donation Center. (N.P.). Infographic. Retrieved on 15 September 2022. from https://www.organdonate.in.th/knowledge.

The Secretary’s Office of Institute of Forensic Science, Committee on Development of Missing Persons Tracking System and Anonymous Body Verification. 2022.

The statues of republic of Singapore Human Organ Transplant Act 1987

The statues of republic of Singapore Medical (Therapy, Education and Research) Act 1972

Unfair Contract Terms Act B.E. 2540 (1997).

UNIFORM ANATOMICAL GIFT ACT (2006) (Last Revised or Amended in 2009)

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Published

2023-06-11

How to Cite

khomglamthan, tattanan, Tanawat Pisitchinda, Jaturong Poemrungruang, and Thodsapol Chuchoti. “Legal Problems of Human Organs”. Law and Local Society Journal 7, no. 1 (June 11, 2023): 99–124. accessed December 28, 2025. https://so04.tci-thaijo.org/index.php/llsj/article/view/261357.

Issue

Vol. 7 No. 1 (2566): January - June 2023

Section

Research Article

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