Living organ donation
- Topic
A healthy person may donate a kidney or part of the liver if they are adult, capable, informed and free, and never for money.
What it is
Living donation is unique in medicine: a healthy person undergoes major surgery with no medical benefit to themselves. It is justified by their free and informed consent and by the great benefit to the recipient; it is limited by nonmaleficence (the risk to the donor must be acceptable) and by voluntariness, because family pressure can be intense. Trade in organs is prohibited because it exploits poor people and turns the body into a commodity. WHO asks that deceased donation come first and that living donors be adults, capable and free from coercion; the Declaration of Istanbul fights organ trafficking and transplant tourism. The Ley 1805 de 2016 page covers donation after death; this page covers the living donor and the requirements in Colombia.
Key facts
- Risks to the donor: those of major surgery and long-term risks that are not known with certainty; the rules require that uncertainty to be disclosed.
- Family pressure: the «natural» donor may feel obliged; the team can offer a confidential way out if the person does not want to donate.
- Independent assessment: the doctor who certifies the donor's health is not part of the removal or transplant team.
- WHO, principle 3: deceased donation comes first; a living donor must be an adult, capable and acting free of coercion or undue influence.
- Declaration of Istanbul (2018 edition): fights organ trafficking and transplant tourism and asks that the donor neither gain nor lose money.
- The removal and its costs are never charged to the living donor; they may be included in the costs of the transplant (Decreto 2493 de 2004, art. 15, par. 2).
Living donor: what Colombian rules require
| Requirement | Rule |
|---|---|
| Adult, legally capable, not pregnant and in good health | Decreto 2493 de 2004, art. 16, num. 1, lit. a |
| Express informed consent, by sworn statement before a notary, at least 24 hours before removal | Decreto 2493 de 2004, art. 16, num. 1, lit. b |
| Favourable opinion from the institutional bioethics or hospital ethics committee | Decreto 2493 de 2004, art. 16, num. 1, lit. c |
| Prior information on risks and on physical, psychological, family and work consequences | Decreto 2493 de 2004, art. 16, num. 1, lit. e and f |
| No payment or compensation for the donation | Decreto 2493 de 2004, art. 15 |
| Non-resident foreign recipient: as a rule, only a spouse, permanent partner or relative of the donor | Ley 1805 de 2016, art. 10 |
In clinical practice
- Interview the potential donor alone and ask what would happen if they decided not to donate.
- Explain the risks with figures and the long-term uncertainty, and give time to think.
- If a donor with no link to the recipient appears, with signs of payment or pressure, stop the process and consult the committee.
- Ensure care and follow-up for the donor after surgery (art. 16, num. 1, lit. h).
Legal framework in Colombia
- Decreto 2493 de 2004, art. 2: defines the living donor; art. 15: prohibits payment or compensation for donation; art. 16: requirements for the living donor; art. 17, par. 1: the donor may withdraw at any time before removal.
- According to the official normograma, Decreto 2493 de 2004 was not compiled into Decreto 780 de 2016 and remains in force.
- Ley 1805 de 2016, art. 3, par. 2: donations create no family, legal or financial bond; art. 10 (amended by Decreto Ley 2106 de 2019, art. 90): transplants for non-resident foreigners; art. 17: trafficking and trade in anatomical components.
- Official texts checked on 2026-11-13 at normograma.supersalud.gov.co.
Test yourself
Think of the answer, then tap the question to see it.
What ethically justifies surgery with no medical benefit for the living donor?
Their free and informed consent and the great benefit to the recipient, provided the risk to the donor is acceptable.
What age and status requirements does Decreto 2493 de 2004 set for living donors?
Being an adult, legally capable, not pregnant, of sound mind and in good health certified by a doctor outside the transplant team.
Can a living donor change their mind after signing?
Yes. They may withdraw at any time before removal, fully or partly (Decreto 2493 de 2004, art. 17, par. 1).
What penalty does Ley 1805 de 2016 set for trading in organs?
Three to six years in prison for anyone who traffics, buys, sells or trades human anatomical components (art. 17).
Connections
Educational content on ethics and health law; not legal advice. Laws and case law change: each page links the official text and says when it was last checked. For a real case, read the text in force and ask a lawyer or the medical ethics tribunal.
Sources: Decreto 2493 de 2004, que reglamenta las Leyes 9 de 1979 y 73 de 1988 en relación con los componentes anatómicos (Superintendencia Nacional de Salud, Normograma, 2004); Ley 1805 de 2016, que modifica la Ley 73 de 1988 y la Ley 919 de 2004 en materia de donación de componentes anatómicos (Superintendencia Nacional de Salud, Normograma, 2016); WHO guiding principles on human cell, tissue and organ transplantation (World Health Organization, 2010); The Declaration of Istanbul on Organ Trafficking and Transplant Tourism (2018 edition) (Declaration of Istanbul Custodian Group, 2018).
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Representative model, for educational purposes only.