Serbia proposes legal changes to boost organ donation amid donor shortage

Serbia's Health Minister Zlatibor Lončar presented proposed amendments to laws on human cells, tissues, and organ transplantation, highlighting the persistent gap between the growing need for organ transplants and the insufficient number of available donors. He stated that these changes are a crucial step toward increasing potential donors and saving lives, emphasizing they are the result of thorough analysis and consultations.

Lončar explained that the proposed solutions aim to create a legally secure, transparent, and ethically grounded system for organ and tissue donation in Serbia. "By introducing the possibility for every citizen to express their will during their lifetime, either through a donation statement or an objection, the principle of personal autonomy and respect for individual choice is fully strengthened," he said. The establishment of two distinct registers, one for individuals willing to donate and another for those unwilling, will enhance legal certainty and the efficiency of the healthcare system in sensitive situations.

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By introducing the possibility for every citizen to express their will during their lifetime, either through a donation statement or an objection, the principle of personal autonomy and respect for individual choice is fully strengthened.

According to the minister, this approach will reduce ambiguity and allow for quick, reliable verification of expressed will, significantly easing the process for healthcare institutions. The proposed amendments also clarify the relationship between an individual's expressed will and family involvement. If a person's will is not expressed, the law clearly defines who can give consent, ensuring a fair and transparent procedure. Furthermore, an ethics committee can make decisions in the absence of family, serving as a significant safeguard for public interest and medical ethics.

However, the Free Citizens Movement (PSG) criticized the proposals, deeming them outdated and inadequate for an effective transplant system and Serbia's potential membership in Eurotransplant. The PSG noted that the government was compelled to address the issue following Constitutional Court decisions but did so in a "outdated, half-hearted, and bureaucratic manner." The movement has submitted amendments, arguing that the government missed an opportunity to create a system that allows citizens to easily and clearly express their donation wishes, instead opting for minimal changes that do not solve the core problem of a low donor count.

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The proposed laws regulating the donation of human organs, cells, and tissues are outdated and insufficient for Serbia to obtain a modern, efficient, and humane transplant system and become a member of Eurotransplant.