Human Organ Transplant Act 1987 - Singapore Statutes Online

PART 2

REMOVAL OF ORGAN AFTER DEATH

Authorities may remove organ after death

4.—(1) The designated officer of a hospital may, subject to and in accordance with this section, authorise, in writing, the removal of any organ from the body of a person who has died in the hospital for the purpose of the transplantation of the organ to the body of a living person.

(2) No authority may be given under subsection (1) for the removal of the organ from the body of any deceased person —

(a)	who has during the deceased person’s lifetime registered his or her objection with the Director‑General to the removal of the organ from his or her body after his or her death; [Act 11 of 2023 wef 01/05/2023]
(b)	who is neither a citizen nor a permanent resident of Singapore;
(c)	who is below 21 years of age unless the deceased person’s parent or guardian has consented to such removal; or
(d)	whom the designated officer, after making such inquiries as are reasonable in the circumstances, has reason to believe was mentally disordered, unless the deceased person’s parent or guardian has consented to such removal.

(3) In this section, “permanent resident” includes —

(a)	a person who holds a Singapore blue identity card; and
(b)	a person who holds an Entry Permit or a Re-entry Permit issued by the Controller of Immigration,

and who is not subject to any restriction as to the person’s period of residence in Singapore imposed under the Immigration Act 1959.

Coroner’s consent

5.—(1) If the designated officer of the hospital has reason to believe that the circumstances applicable to the death of a person are such that the Coroner has jurisdiction to hold an inquest into the manner and cause of death of the person, the designated officer must not authorise the removal of any organ from the body of the deceased person unless the Coroner has given the Coroner’s consent to the removal.

(2) The consent by the Coroner under this section may be expressed to be subject to such conditions as are specified in the consent.

(3) The consent may be given orally by the Coroner, and if so given must be confirmed in writing.

(4) In this section, “Coroner” means the State Coroner or a Coroner appointed under the Coroners Act 2010.

Organ to be removed and transplanted by authorised medical practitioners

6.—(1) No person other than an authorised medical practitioner in a hospital is to remove any organ which is authorised to be removed pursuant to section 4 or transplant any such organ.

(2) For the purposes of subsection (1), “authorised medical practitioner” means a medical practitioner who has been authorised by the Director‑General to remove any organ pursuant to section 4 or to transplant any such organ.

[Act 11 of 2023 wef 01/05/2023]

(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

Operation of other laws

7. Nothing in this Part prevents the removal of any organ from the bodies of deceased persons in accordance with any other written law.

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