The Organ Donation Act governs the donation of human organs and tissues for transplantation, education, and research, and it is complemented by the law on the legacy of organs (the Human Organ Preservation Act) and by health department regulations. The law permits two forms of donation. First, donation by the person themselves: any individual, at least eighteen years of age and of sound mind, may give by way of legacy, to take effect after death, all or part of their body for specified purposes, such as transplantation, research, or education; this legacy may be made by a will, or by a document (such as a donor card) signed by the donor in the presence of two witnesses, and it may generally be revoked by the donor at any time before death. Second, donation by others after death: if the decedent made no legacy, the persons the law enumerates, in the order of priority, may donate all or part of the decedent's body, and the order generally runs: the spouse; the son or daughter of legal age; either parent; a brother or sister of legal age; or the guardian over the person of the decedent at the time of death; the donation may not be made if there is actual notice of contrary indications by the decedent or of opposition by a member of the same or a prior class. Living donation of a non-vital organ (such as a kidney) is allowed subject to strict medical, ethical, and legal safeguards, including informed consent, medical suitability, and, for donations to non-relatives, review by an ethics committee, because of the risk of exploitation. A fundamental prohibition runs through the framework: the sale or purchase of human organs is prohibited; organ donation must be altruistic, and commercial dealings in organs, and organ trafficking, are punished, including under the anti-trafficking laws. So organ donation may be made by the person during life to take effect at death, or by the enumerated relatives after death, with living donation permitted under safeguards, and the buying and selling of organs strictly prohibited.
Two Ways to Donate
The Organ Donation Act allows donation of organs and tissues for transplantation, education, and research, either by the person themselves or by their relatives after death.
Donation by the Person
Anyone 18 or older and of sound mind may give a legacy of all or part of their body, effective after death, by will or by a document signed before two witnesses (a donor card). It is generally revocable any time before death.
Donation by Relatives, in Order
Absent a legacy, the law's order of priority generally runs: spouse; child of legal age; either parent; sibling of legal age; guardian. No donation if there is notice of the decedent's contrary wish or opposition from the same or a prior class.
Living Donation and the Ban on Sale
Living donation of a non-vital organ is allowed under strict safeguards (informed consent, medical suitability, ethics committee review for non-relatives). The sale or purchase of organs is PROHIBITED — donation must be altruistic, and organ trafficking is punished.
Practical Takeaways
- You may donate by will or donor card, revocable before death;
- Absent your wish, relatives in a legal order may donate;
- Selling organs is prohibited and punished.
Frequently Asked Questions
Who can donate their organs? Any individual at least eighteen years of age and of sound mind may give a legacy of all or part of their body, to take effect after death, by will or by a document signed in the presence of two witnesses.
Who can donate a deceased person's organs? If the decedent made no legacy, the persons the law enumerates in order of priority may donate: the spouse, a child of legal age, either parent, a sibling of legal age, or the guardian, subject to no contrary indication or opposition.
Is living organ donation allowed? Yes, for non-vital organs such as a kidney, subject to strict medical, ethical, and legal safeguards including informed consent, medical suitability, and ethics committee review for donations to non-relatives.
Can organs be bought or sold? No. The sale or purchase of human organs is prohibited. Organ donation must be altruistic, and commercial dealings in organs and organ trafficking are punished, including under the anti-trafficking laws.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.