Dhaka:The new Human Organ Transplantation Act, 2026, is set to decrease reliance on overseas medical treatment by allowing altruistic "emotional donors" beyond close relatives to donate vital organs like kidneys and livers. This change is anticipated to cut healthcare costs significantly.
According to Bangladesh Sangbad Sangstha, specialist doctors and Supreme Court lawyers believe this provision will greatly enhance access to organ transplantation within Bangladesh. Hospitals, however, must secure government approval to perform these transplants. The law permits healthy and mentally competent living individuals to donate organs to close relatives, provided the donation does not adversely affect the donor's normal life. Altruistic donors can also donate under similar conditions, though close relatives or altruistic donors are not required for transplants involving eyes, skin, tissues, and bone marrow.
Professor Dr. Md Mujibur Rahman Howlader, the pro vice-chancellor of Bangladesh Medical University and chairman of the Emotional Donor Determination and Permission Committee, expressed that the Act has created new possibilities for organ transplantation in the nation. He emphasized that the inclusion of emotional or altruistic donors opens legal avenues for organ donation beyond close familial ties. He noted that if kidney and liver transplants increase within this legal framework, the tendency to seek treatment abroad will diminish.
Professor Howlader mentioned a significant interest in the provision since its introduction. On August 10, Bangladesh Medical University successfully completed the nation's first kidney transplant using an organ from an emotional donor. Additionally, six liver transplants have been conducted at the university, entirely funded by government grants.
He further explained the logistical needs of liver transplants, such as the requirement for approximately 150 bags of blood, estimating the cost at around Taka 30 lakh. He argued that if such treatment is accessible domestically at this cost, there would be less incentive to seek it abroad, considering additional expenses like travel and accommodation. He highlighted that quality domestic services would boost confidence in local treatments, curbing the trend of seeking medical care abroad and reducing overall costs.
The law stipulates that an altruistic donor must be over 18, mentally sound, and capable of giving informed consent. A volunteer donor, not motivated by financial gain or pressured, who is not a close relative but has a longstanding relationship with the recipient, may qualify with the committee's recommendation.
Individuals ineligible to be donors include those addicted to drugs, those seeking financial gain from organ donation, or those with illnesses rendering them unsuitable for donation. Senior Supreme Court lawyer Barrister Rashna Imam, who advocated for the inclusion of emotional donors, stated that the previous definition limited donations to close relatives. Her legal challenge led the High Court to allow emotional donors to donate organs like kidneys, prompting an amendment to the relevant provisions of the Act.
Under Section 18 of the law, the buying and selling of human organs, benefiting from organ exchange, and promoting such activities are prohibited. Providing false kinship information or coercing someone to do so is punishable by up to two years' rigorous imprisonment, fines up to Taka five lakh, or both. Violating other provisions of the law can result in up to three years' imprisonment, fines up to Taka 10 lakh, or both.
If a doctor is convicted under the law, their registration with the Bangladesh Medical and Dental Council will be revoked. Hospitals found guilty of offences will have their organ transplantation permissions canceled, and a fine may be imposed. Authorities may also suspend the hospital's operating license.