Reps Pass Organ Donation Bill For 2nd Reading, Seek National Regulatory Framework

The House of Representatives has passed for second reading a bill seeking to establish a comprehensive national regulatory framework for deceased organ and tissue donation and transplantation in Nigeria.

The bill, titled:” A Bill for an Act to Establish a National Deceased Organ and Tissue Donation Programme for the Federal Republic of Nigeria,” is sponsored by the Deputy Speaker of the House, Benjamin Kalu, and six other lawmakers.

The proposed legislation seeks to regulate the identification of potential donors, authorisation for donation, recovery and preservation of organs and tissues, allocation to eligible recipients, and transplantation procedures across the country.

It also provides for the establishment of a National Deceased Donation and Transplantation Authority, with headquarters in Abuja and zonal structures to coordinate and regulate the programme nationwide.

Co-sponsor of the bill, Patrick Umoh, said the absence of a clear legal and regulatory framework could expose vulnerable persons to exploitation and undermine public confidence in organ donation and transplantation.

Under the proposed framework, organs and tissues would be allocated through a National Organ Allocation and Matching System and an established waiting list, rather than on the basis of a recipient’s wealth, political influence or social standing.

The bill further stipulates that a patient’s inability to pay for transplantation alone should not be grounds for removing the person from the waiting list.

It also seeks to prohibit organ trafficking, transplant tourism, brokerage and commercial dealings in human organs and tissues.

The proposed legislation contains 172 clauses divided into 16 parts, alongside three schedules.

On consent, the bill adopts a voluntary donation model rather than presumed consent or an opt-out system. It provides that an adult with the requisite capacity may authorise the donation of their organs or tissues after death.

It further stipulates that valid first-person authorisation should remain effective even where family members subsequently object, while a valid refusal to donate must be respected.

To protect the integrity of transplantation procedures, the bill provides that the determination of death must be independent of the transplantation process, with independent confirmation required.

The proposed law also provides for the accreditation and licensing of relevant facilities and professionals, donor audits, biovigilance, adverse-event reporting, traceability systems and safety alerts.

In addition, it seeks to provide support for the families of deceased donors through information, counselling, bereavement support and psychological assistance, as well as spiritual or religious support where requested.

The bill also proposes annual reporting and performance indicators to promote transparency and accountability while safeguarding the confidentiality of medical records and the personal data of donors and recipients.