Andhra Pradesh Assembly passes organ transplant Bill to expand donor pool, check trafficking

The Andhra Pradesh Legislative Assembly on Wednesday passed the Andhra Pradesh Transplantation of Human Organs (Amendment) Bill, 2026. The legislation aims to reduce the gap between the demand and supply of human organs and strengthen measures against organ trafficking.

The new Bill amends the Andhra Pradesh Transplantation of Human Organs Act, 1995, which currently governs organ transplantation in the State. The State law was originally aligned with the central Transplantation of Human Organs Act, 1994. The need for amendment arose after the central government updated its own legislation through the Transplantation of Human Organs (Amendment) Act, 2011, which sought to adapt to evolving medical needs and ethical challenges.

One of the major changes brought in by the 2011 central amendment was the expansion of the legal framework to cover human tissues, such as skin, cornea, heart valves, tendons and bone marrow. The State legislation has now been renamed to reflect this broader scope, becoming the Transplantation of Human Organs and Tissues Act.

To address the shortage of organs, the definition of 'near relative' has been widened. Under the amended law, grandparents and grandchildren will also be considered near relatives. This allows a larger pool of living donors to donate organs without having to go through the complex approval procedures that are mandated for unrelated donors.

The amended Act also introduces provisions for swap donations. In cases where two donor-recipient pairs are incompatible, they can exchange donors so that both recipients receive compatible organs. This measure is intended to increase the chances of successful transplants within families that might otherwise be unable to proceed.

Procedural safeguards have been tightened to protect vulnerable individuals. The law now explicitly prohibits the removal of organs or tissues from mentally challenged persons and places strict restrictions on donations from minors.

Further, the amendments address concerns related to international organ trade. The Authorisation Committee's approval is now mandatory for foreign nationals receiving organ donations in India. Indian nationals are barred from donating organs to foreigners unless the recipient is a near relative.

Another procedural change concerns brain death certification. In cases where specialised neurologists are unavailable, the amendments allow independent practitioners to certify brain death. However, such practitioners must not be part of the transplant team, ensuring that certification remains impartial and avoids unnecessary delays.

The passage of this Bill marks a significant step in aligning Andhra Pradesh's organ transplantation rules with the central legal framework, while adding state-specific measures to safeguard ethical practices and increase the availability of life-saving organs.