Art. 8 Federal Act of 8 October 2004 on the Transplantation of Organs, Tissues and Cells (Act) - Preconditions for removal

Organs, tissues or cells may be removed from a deceased person if: a. the person has consented before their death to the removal; b. death has been determined. If no documented consent or refusal by the deceased person is available, the next of kin must be asked whether they are aware of the person having declared an intention to donate. If the next of kin are not aware of any such declaration, organs, tissues or cells may be removed if the next of kin give consent. The decision of the next of kin shall be guided by what they believe the deceased person would have wanted. The request to the next of kin may be made and their consent obtained only once it has been decided to discontinue life support measures. {note: Inserted by No I of the FA of 19 June 2015, in force since 15 Nov. 2017 ( AS 2016 1163, 2017 5629; BBl 2013 2317).} If there are no next of kin, or they cannot be contacted, removal is not permitted. The wishes of the deceased person take priority over those of the next of kin. If the deceased person has demonstrably delegated the decision on the removal of organs, tissues or cells to a trusted person, this person shall be consulted instead of the next of kin. Individuals who have reached the age of 16 may declare their intention to donate. The next of kin shall be defined by the Federal Council.

Art. 8 Act · Preconditions for removal