THE INFLUENCE OF THE PRESUMPTION OF CONSENT OR DISSENT ON THE DEVELOPMENT OF TRANSPLANTOLOGY: INTERNATIONAL EXPERIENCE OF SOUTH AND NORTH AMERICAN COUNTRIES

Abstract

The article examines various presumed consent (opt-in or opt-out) systems for posthumous organ donation in countries of South and North America, specifically their impact on the development of transplantation within each country. Twelve countries were analyzed, of which in 5 countries the legal procedure for consent (Chile, Argentina, Colombia, Ecuador, Costa Rica) is established, and in 7 countries the procedure for dissent (Brazil, USA, Peru, Mexico, Canada, Panama, Bolivia) regarding posthumous donation. The study calculated the percentage of individuals awaiting organ transplantation by the end of 2022 relative to the population of each country. Based on the analysis results, two comparative diagrams were, which graphically represent the numerical data of this study. The article constitutes an important contribution to improving the functioning of the legal system in the field of transplantation in Ukraine. Specifically, by analyzing the successes and failures of states applying different approaches to solving the problem of organ shortage for transplant patients, it can be concluded that addressing this issue requires comprehensive measures, including increasing public awareness of the importance of organ donation, improving the organization and coordination of donor activity, and state funding for the medical sphere. Only through joint efforts can significant improvement be achieved in the organ donation situation and a reduction in the number of patients awaiting transplantation. As a result of the analysis of the donor base status for organ transplantation, it was found that the shortage of donor organs is a serious problem hindering the effective functioning of transplantation programs and worsening the health status of patients in need of organ transplantation. The inadequacy of available organs leads to a significant increase in waiting time for transplantation and an increased risk of mortality among patients in the transplant queue.