[Legal principles of organ transplantations]. / Rechtsgrundlagen von Organtransplantationen.

In 1982 organ donation from deceased persons was put on a statutory footing, thus eliminating to a large extent any relevant legal uncertainty that had existed formerly. Organ donation from corpses is now legal - provided the patient or his legal guardian does not object to such donation before the former's death. Special permission is not required. Any objection voiced by a family member who is not acting as a legal guardian may be dismissed altogether. Before organ donation, proof of the onset of death has to be furnished by a physician authorized to exercise his profession. Detailed provisions under the law stipulate a ban on any profit-making action, the guarding of professional secrecy, as well as the appropriate keeping of records. Contrary to organ donation from deceased persons, organ donation from persons yet alive is still considered bodily injury under the penal code; such action can only be within the law if the donor him- or herself gives express permission in advance.