Section 6: Donation by minor or by adult incapable of agreeing to make donation

6. Donation by minor or by adult incapable of agreeing to make donation (1) Subject to subsection (2), no person shall, for the purpose of transplant to an intended recipient, remove any tissue from the body of a donor who is— (a) a minor; or (b) an adult certified by a specialist to be incapable by reason of mental or other impairment to agree to make a donation. (2) Notwithstanding subsection (1), a donation by the minor or adult, or a removal as specified in that subsection, may be effected if— (a) the donation is of regenerative tissue only; (b) the intended recipient of the tissue is a relative of the minor or the adult; (c) there is no compatible donor available who has the capacity to consent to the donation; (d) the donation has the potential to be life-saving for the recipient; (e) no opposition to the removal has been signified by the minor or adult donor; and (f) the agreement to the donation was— (i) in the case of a living minor, given in accordance with this Act, especially subsection (3); (ii) in the case of a living adult, given by the person having legal authority, whether as legal or dative guardian or otherwise, to enter into an agreement on behalf of the adult. [Issue 1] H12 – 4 Revised Laws of Mauritius (3) (a) Subject to paragraph (b), the person who lawfully exercises parental authority over a minor or, if there is more than one such person, those persons, if they so agree, may make a donation referred to in subsection (2). (b) Where more than one person lawfully exercises parental authority over the minor, and one of them is, for any of the reasons specified in article 373 of the Code Civil Mauricien unable or, without reasonable cause, unwilling, to agree to the making of the donation, the Judge in Chambers may, on application made to him by one of those persons, and after having sought the opinion of 2 authorised medical practitioners, authorise that person to make the donation. (4) In every case where the donor was incapable of agreeing to make a donation, the intended recipient shall be told that the donor was so incapable.