Senator Santiago files bill to control buying and selling of human organs

MANILA, Philippines—Senator Miriam Defensor- Santiago has filed a bill that seeks to legalize the procurement of human organs from deceased donors.

Santiago said she filed Senate Bill 2979 known as “An Act Establishing a National Program for Sharing Organs from Deceased Donors” to control the exploitative practice of organ buying and selling from living donors in the country.

“Any of the non-related living donors are reportedly destitute individuals who sold their kidneys to rich patients in need. These ‘donors’ are supposedly recruited by middle men who go around the different parts of the country convincing them to sell their kidneys in exchange for about PIOO,OOO (one hundred thousand pesos),” she said.

The crime, the senator said, is perfected by unscrupulous surgeons and hospitals out to make huge amounts of money at the expense of these poor people.

“Thus, there is a need to legislate the establishment of an effective, efficient and ethical organ procurement system that will equitably allocate organs from deceased donors to potential transplant recipients in order to control the exploitative practice of organ buying and selling,” Santiago added.

Under the bill, the Philippine Network for Sharing Corporation or PHILNOS will be created to facilitate a national system of promoting organ donation from deceased donors and sharing of organs in coordination with private organ procurement organizations.

An Organ Procurement Organization (OPO) accredited by the PHILNOS would be responsible for the procurement of organs from deceased donors from hospitals, including preservation and transportation of such organs.

“Organs may be procured only from patients who have been declared to have suffered brain death and have a prior written intention to donate their organs (such as an organ donor card or will) or whose legal next of kin has given consent for organ donation,” said the bill.

But it is prohibited, under the bill, to sell the organs to any recipient.

“Organs should only be donated freely, without any monetary payment. Purchasing or offering to purchase organs for transplantation is prohibited,” it said.

The bill tasked the PHILNOS to formulate guidelines to ensure that any gifts or rewards are not, in fact, disguised forms of payment for donated organs.