Sympathetic non-relatives can now donate organs
The 1999 law was considered inadequate for regulating safe, ethical, and non-commercial organ donation and transplantation. The new ordinance aims to simplify organ transplantation, prevent illegal trafficking, and stop commercial exploitation.
Highlights:
- Sympathetic individuals, not blood relatives, eligible to donate
- Must be over 18, mentally sound, and capable of giving informed consent
- Donation must be voluntary, without financial incentive or coercion
- Applications reviewed by a health ministry-appointed expert committee
- Organ trade punishable with up to 3 years imprisonment and fines up to Tk10 lakh
The government has enacted the Human Organ Transplantation Ordinance 2025, replacing the Human Organ Transplantation Act 1999, for the first time allows individuals who are not relatives but have a sympathetic connection – known as "emotional donors" – to donate organs.
A national committee will verify the eligibility of such donors. The law also imposes strict penalties for organ trading, with offenders facing two to three years in prison or fines of up to Tk10 lakh. The ordinance was published in the government gazette on Wednesday (19 November) by the Legislative and Parliamentary Printing Branch of the Ministry of Law, Justice and Parliamentary Affairs.
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The 1999 law was considered inadequate for regulating safe, ethical, and non-commercial organ donation and transplantation. The new ordinance aims to simplify organ transplantation, prevent illegal trafficking, and stop commercial exploitation.
Experts say it could benefit thousands of kidney patients in Bangladesh, where around 40,000 people suffer kidney failure each year, many requiring transplants.
Under the new legislation, organ donation is now extended to nieces, nephews, and step-siblings. Patients with incompatible donors can participate in swap transplants, exchanging organs with other donor-recipient pairs to overcome mismatches. Most notably, emotional donors can now legally donate organs.
Emotional donors must be over 18 years of age, mentally sound, and capable of giving informed consent. They must voluntarily agree to donate, without any financial inducement or coercion, and their eligibility will be determined by a national committee as altruistic and genuine.
Those who cannot qualify include drug addicts, individuals motivated by commercial or financial gain, and those with medical conditions that make them unsuitable as donors.
The national committee responsible for approving emotional donors will be chaired by the Vice-Chancellor of Bangladesh Medical University, with members including representatives from the Ministry of Public Administration, police officials, the National Institute of Mental Health, a law professor from Dhaka University, and a government-nominated human rights activist. The Joint Secretary of the Health Services Division will serve as the member secretary.
The ordinance also establishes a national registry under the supervision of an expert committee appointed by the Ministry of Health and Family Welfare, which will record all willing donors and recipients.
By formalising emotional donors and expanding permissible family donors, the Human Organ Transplantation Ordinance 2025 modernises organ donation in Bangladesh, making transplantation more accessible, ethical, and safe while reducing legal and procedural barriers for patients in need.
