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Consent Without Capacity: Structural Hurdles in India’s Organ Donation Ecosystem
Jan 05, 2026

Consent Without Capacity: Structural Hurdles in India’s Organ Donation Ecosystem

India’s organ transplant shortfall is often attributed to a lack of public willingness; yet the constraints lie within the system itself. To begin with, conflicting definitions of ‘death’ across legislations create uncertainty for certifying brainstem death. The pathways that could widen the donor pool—donation after circulatory death and expanded-criteria donors—remain unused due to the absence of national clinical guidance. Reporting