Ida Makoto
Keio University Law School.
Nihon Rinsho. 2010 Dec;68(12):2223-8.
The Organ Transplant Law of Japan, enacted in 1997, did not allow organs to be taken from a brain-dead person unless he or she left written consent. The concept of brain death was controversial. It was a product of compromise that a brain-dead person could be recognized as dead only if he/she had given consent to allow organs to be taken in the event of brain death. This law was revised in 2009. It became possible to take organs from a brain-dead person with the consent of the patient's family, even if the wishes of the person who died were not clear. This revision, which took effect in July 2010, also legalizes the removal of organs from brain-dead children under the age of 15. The author of this article considers whether and how the legal definition of brain death was changed through this revision.