Dear PAO, 

Please help me with my situation. I have been diagnosed with an incurable disease, and my doctors have given me between five to seven years to live. I am currently at odds with my estranged husband because of certain issues. During one of our arguments, he mentioned that he will sell my kidneys after I die. This shocked and angered me. Despite showing him my displeasure, he said that they will go through with the “donation” of my organs since I cannot do anything about it after I die anyway. Is there anything I can do to stop him from making money from my body after I die?

                    Anita AMP

Dear Ms. AMP,

Organ donation is a noble, life-saving act that can turn one’s loss into hope for another person. It is encouraged to save lives, particularly those of patients suffering from organ failure. Nonetheless, the State regulates organ donation to ensure that its noble purpose is achieved for the right reasons and is not abused for personal gain.

The Organ Donation Act of 1991 (Republic Act No. 7170) regulates organ donation after the death of a donor. Section 4 thereof enumerates the persons who may make an organ donation:

SEC. 4. Person Who May Execute a Donation. – a) Any of the following persons, in the order of priority stated hereunder, in the absence of actual notice of contrary intentions by the decedent or actual notice of opposition by a member of the immediate family of the decedent, may donate all or any part of the decedent’s body for any purpose specified in Section 6 hereof.

1. Spouse;

2. Son or daughter of legal age;

3. Either parent;

4. Brother or sister of legal age; or

5. Guardian over the person of the decedent at the time of his death.

In addition, Administrative Order No. 2010-0018 dated June 23, 2010 issued by the Department of Health (DOH) strictly prohibits the donation of kidneys and other organs in exchange of payment. Part V (3) and (7) thereof states:

3. Payment as precondition for kidney donation and sale and purchase of kidney organs by kidney vendors/commercial donors are strictly prohibited. xxx

7. Directed [Living Non-Related Donations] are permitted only when it is voluntary and truly altruistic, without any kind of compensation or gratuity package attached to it. xxx

From the foregoing, it is clear that an organ of a deceased person may only be donated if the decedent did not oppose such donation prior to his or her death, or if the surviving family of the deceased did not oppose it. Thus, if you do not wish to donate your organs upon your death, you may make this decision known to your physician. This would prevent the hospital or your husband from making a contrary decision, even after your death.

In any case, it should be emphasized that sale of organs is strictly prohibited, even if consented to by the donor. To be valid, the act of donating an organ must be voluntary and truly altruistic. As such, your husband may not sell your kidneys after your death.

We hope that we were able to answer your queries. This advice is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]