NOTTO Rules & Laws

Organ & Tissue Donation Laws in India

Organ donation in India is strictly regulated by the Transplantation of Human Organs and Tissues Act (THOTA), 1994 (amended in 2011). The National Organ and Tissue Transplant Organization (NOTTO) functions as the apex national-level organization under the Ministry of Health and Family Welfare to enforce these regulations and coordinate the procurement and distribution of organs.

Key NOTTO Regulations regarding Pledges

• Legality of a Pledge: Any person who is 18 years or older can pledge to donate their organs or tissues after death by signing Form-7 (as per THOTA rules).
• Family Consent is Mandatory: Even if you carry a Donor Card and have pledged your organs during your lifetime, under current Indian practices, the consent of the lawful custodian (next of kin) of the body is legally required before retrieving organs. This is why informing your family is the most critical step.
• Brain Stem Death Certification: Deceased organ donation can only occur after a formal "Brain Stem Death" is certified by a government-approved Board of Medical Experts consisting of four doctors, tested twice within a specified time gap.
• No Age Limit: There is no strict upper age limit for pledging organs. Medical suitability for donation is evaluated at the time of death based strictly on organ viability rather than biological age.

Whole Body Donation Rules

• Body donation (governed by the Anatomy Act) is entirely separate from organ donation (THOTA). A donated whole body is used for medical research and education at medical colleges.
• If organs are successfully retrieved for life-saving transplantation, the rest of the body cannot usually be donated for anatomical research due to the surgical incisions made. You must inform your family which path you primarily prefer.
• Medical Institutions have the right to legally decline a whole body donation if a Medico-Legal autopsy/post-mortem was performed, if there is severe trauma, or death was caused by a highly infectious disease.