Algeria: how embryos are implanted and choosing sex is forbidden

New project of “Health Law” is keen on the reorganization and rationing of the operations of donation and organ transplants, with an emphasis on the criminalization of any trading in human organs, while Health Minister is the only authorized to grant the license for hospitals that are entrusted with organ and tissues transplantation in accordance with the applicable regulation, with the prevention of trafficking in the blood , and rationing the operations of “Embryos Transplant” only for married couples.

Consent of the deceased or his relatives is a condition to take advantage of organs

 New draft health law, which will be soon presented for discussion in front of Parliament, is carrying texts and explicit articles to legalize and regulate donation and organ transplantation, which was not clear, due to the weakness in the applicable legislation, as the articles from 373 to 383 identify the modes and conditions of the medical field, as the Health Minister take care personally through granting the license only to the qualified doctors in hospitals for the transplantation of human organs, tissues and cells. These operations are conducted, after a decision of the medical committee that is formed specifically in the hospitals and which decide about the need to remove or transplantation, and authorize the process.

Law decided in the process of removing organs or human tissues from the dead bodies, as it required a written consent in the life of donners, and in case of death before granting approval to donate one of the organs, a family member “the father or mother, or husband and wife, or brother or sister, or the legitimate representative of the deceased who has no family, to grant the written consent for the medical body which ensures the process of transplantation. And without these procedures it is not permissible to take a tissue or an organ of a deceased person without written consent.

Article 380 also prevents the initiation of the implant if the deceased had expressed his written refusal before dying, or when this process hampers the legitimate medical autopsy of the dead body, and in case of doubt about the cause of death or the occurrence of a crime, it is not permissible for a doctor, who proved the reason of the donor’s death, to conduct the transplant process. Because of the sensitivity of this type of operations, the legislator strictly prevents to disclose the donor’s identity, and the identity of the recipient to the family of the donor.

To fight the phenomenon of trafficking in human organs, which spread recently by the cells that are specialized in human trafficking, and organs which extend to the outside of Algeria, “Health Law” is keen through clear and explicit articles on rationing and criminalizing the process of human tissues’ trafficking whatever the purpose, even if it was to save someone’s life, as Article 376 states that human organs and tissues cannot be removed and transplanted for a financial deal.

In case of violating this law, the concerned shall be referred to the penal code that criminalizes trafficking in human organs.