Law of 25 November 1982

Since 25 November 1982, Luxembourg has had a law governing the removal of human organs and tissue. It was published in the Mémorial A on 3 December 1982.

This law stipulates that every Luxembourg resident is a potential organ donor. This means that organs and tissues may be removed after the death of any person whose last legal place of residence was in Luxembourg and who did not, during their lifetime, express their refusal to donate in writing.

There is therefore a presumption of solidarity: it is assumed that everyone is willing to donate their organs after death if they do not voice their refusal to do so while alive.

An anonymous, free and generous act based on solidarity

Organ donation is:

• anonymous: the law guarantees the anonymity of both donor and recipient. The donor's family may be informed about the organs that were removed, and the result of the transplants;
• free: any form of remuneration in return for one or more organs is prohibited by law;
• an act of generosity and solidarity, which can save lives.

Organ harvesting

The removal of organs is a surgical procedure, performed in the operating theatre with all the usual precautions. There are no costs for the family.

The body of the deceased is treated with respect and care before being returned to the family to enable them to arrange a funeral according to their wishes or those of the deceased.

The three major religions (Christianity, Islam and Judaism) permit the removal of organs after death provided that this is done to save the life of another human being.