Constructing a legal framework for minor organ donation: comparative insights from the United States and Germany and their relevance for China

Organ donation by minors has long been a highly controversial topic in both legal and ethical discussions worldwide. In the United States, case law has established a case-by-case review mechanism, allowing limited room for the practice of living organ donation by minors under specific conditions. Germany, with a strong emphasis on the protection of personal dignity, adopts a more cautious stance. In China, the law clearly stipulates that living organ donors must possess full civil capacity. However, some scholars argue that under strict conditions and with adequate safeguards, minors should be allowed to donate organs in emergency medical situations. Given the limited domestic experience in this area, China should develop a protective pathway that balances scientific validity, legal compliance, and humanistic concern, in line with its national conditions, legal traditions, and cultural background, all under the guidance of the principle of caution. Based on a review of China’s current organ donation system, this article examines legislative philosophies, procedural designs and ethical review mechanisms in the U.S. and Germany. From a comparative law perspective, it extracts institutional elements that could serve as references, with the aim of improving China’s legal framework for organ donation by minors.