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Decree-Law No. 55/1987 on the cultivation of Kuwaiti organs

Article No. 1

The removal of organs from the body of a living person or a deceased body may be performed and implanted in the body of another living person with the aim of achieving a preponderant therapeutic interest to preserve his life, in accordance with the conditions and procedures stipulated in this law.

Article No. 2

A person who is legally competent to donate or recommend one or more members of his body shall be a donation or a will with a written statement attested by two full-fledged witnesses.

Article No. 3

A member of a living person’s body may not be transported even if it is with his consent if the removal of that organ results in the death or disruption of his or her obligation.

Article No. 4

The donor must be informed of all the health consequences of the removal of the donated organ and shall be informed in writing by a competent medical team after a thorough examination.

Before the eradication is performed, the donor may return in his or her donation without qualification.

Article No. 5

Organs may be transferred from a deceased body with the consent of those found in the event of his death from his closest relatives to the second degree.

In any event, the approval shall be issued by written confirmation, taking into account the following:

A. The verification of the death conclusively by a committee of three specialist physicians, including a specialist in neurology, but not among the members of the Committee, the physician performing the operation.

B. The deceased person should not have objected to the removal of any member of his body by a written declaration attested by two full-fledged witnesses.

Article No. 6

Without prejudice to the provision of the preceding article, upon the recommendation of a committee of at least three specialist physicians, a member of a deceased body may be transported in a living body in need of a member to save his life after the approval of the Minister of Public Health.

Article No. 7

Members of the body shall not be sold or purchased by any means or receive any material compensation and the specialist physician is prohibited from carrying out the removal process if he or she knows.

A person may not recover a member who has been removed from him after donating it in accordance with the law.

Article No. 8

The removal and transplantation of organs is carried out in the medical centers allocated by the Ministry of Public Health for this purpose in accordance with the procedures and conditions of the decision of the Minister of Public Health.

Article No. 9

The Minister of Public health shall determine, by decision, the conditions and specifications to be met in places reserved for the preservation of the members and the organization of their use.

Article No. 10

Without prejudice to any heavier penalty prescribed by other laws, any person who contravenes the provisions of this law and the decisions implementing it shall be liable to imprisonment for a term not exceeding three years and a fine of not more than 3,000 dinars, or either of those penalties.

In the case of recidivism, the penalty is doubled within two years of the date of the final sentence of the first offence.

Article No. 11

The Minister of Public Health shall issue the necessary decisions to implement the provisions of this law.

Article No. 12

Repeal Law No. 30 of 1972 and Act No. 17 of 1983 referred to. The decisions adopted pursuant to them shall continue to be implemented until the decisions necessary for the implementation of this law have been made, in a non-conflict with its provisions.

Article No. 13

The ministers-each with respect to it-must implement this law and operate from the date of its publication in the Official Gazette.

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