ABA Family Legal Guide

Health-Care Law

Specific Issues in Health Care

Organ Donation

May a living child or a mentally incompetent person be an organ donor?

Sometimes, but only if there is some benefit to the child or the incompetent person. Legally, a child or mentally incompetent person is not able to consent to being an organ donor. The fear is that people needing organs will prey upon vulnerable people. There are rare situations when the guardians of children or incompetent persons will be allowed to let them be organ donors.