ABSTRACT
Living organ donation by a minor raises particularly novel and important legal and ethical issues. A minor is arguably less treated as an end in himself where (s)he is forced to donate on the grounds of it being in his/her best interests or prevented from donating simply because (s)he is a minor. Given the intricate ethical and legal considerations it can raise, it is not surprisingly that use of living minors as organ donors has been relatively rare. In the US, twins are looked on favourably because of the potential results combined with the specially close interest the minor donor may have in the recipient’s well-being. The legal presumption is that minors are incompetent. In the absence of legislation which prevents it, both the incompetent and competent minor may donate organs. However, under general principles of law, and often under legislation, there are conditions on minor donation over and those applying to adults.
