Can a friend donate a kidney in India?
A non-related donor (including friends) must go through the hospital's Authorization Committee, which investigates the relationship and ensures there is no commercial motive.
Legal + Medical
THOA: India's organ transplant law
Is kidney selling legal in India? THOA law explained: Why selling is illegal + 10-year penalties. What proper donation looks like instead.
Medically reviewed formatIndia-focused guidanceNo organ transactions
Short Answer
The Transplantation of Human Organs and Tissues Act (THOA), 1994, and its amendments regulate all organ donation and transplantation in India to prevent exploitation and ensure ethical practices.
Medical Facts
- THOA defines brain death criteria, enabling deceased organ donation in India.
- All transplant centres must be registered under the Act and follow prescribed protocols for donor evaluation.
Legal Facts
- Commercial dealing in human organs is a punishable offence under THOA with imprisonment up to 10 years and fines up to Rs. 1 crore.
- Living donors must be near relatives (spouse, parents, siblings, children) or require authorization from the hospital's Authorization Committee for non-related donors.
- The 2011 and 2014 amendments strengthened provisions for swap transplants and expanded the definition of near relatives.
Treatment or Donation Options
- Consult the transplant coordinator at your hospital about THOA compliance requirements.
- Understand the authorization process if the proposed donor is not a near relative.
- Report any suspected commercial organ dealing to the Appropriate Authority under THOA.
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