Article 3 of the Saudi Organ Donation Law
المادة 3 من نظام التبرع بالأعضاء البشرية
The article allows transferring organs from a deceased person who did not donate or bequeath, with the consent of his nearest heir, or nearest relatives if the heirs cannot be identified, and of the majority of them if there are several.
Official text (Arabic)
This article has not been amended since the law was issued.
في غير الحالتين الواردتين في المادة (الثانية) من النظام، يجوز نقل الأعضاء البشرية من الإنسان المتوفى بناءً على موافقة أقرب وريث له. فإن تعذر التعرف على الورثة؛ فتؤخذ موافقة أقرب الأقارب إليه. وإذا تعدد الأقارب وكانت مرتبتهم واحدة؛ فيجب الحصول على موافقة الأغلبية منهم على الأقل. وتكون الموافقة وفقاً للضوابط التي تحددها اللائحة.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 3 explained in plain English
This article deals with a common situation: a person died without having donated or bequeathed the donation of his organs under Article 2. May his organs be transferred? The answer is yes, but with his family's consent in the following order:
- His nearest heir: the first person whose consent is needed.
- If it is not possible to identify the heirs, the consent of his nearest relatives is taken.
- If there are several relatives and they are in the same degree, the consent of at least the majority of them must be obtained. The consent of just one of them is not enough.
The article refers to the Implementing Regulations to set the controls for this consent, so its form and procedures are set by the regulations.
Note that the definition of "donor" in Article 1 includes a person whose heirs or relatives agreed to the transfer of his organs after his death, so he is treated as a donor under the provisions of the law. Article 4 also gives the person who gave consent under this article the right to withdraw it.
Because the matter involves heirs and relatives, in cases of disagreement among them it may help to consult a lawyer who specializes in personal status or medical matters.
Practical example
A woman died in a hospital in Riyadh without leaving any instruction about her organs. Her heirs could not be identified, and her nearest relatives were three brothers of the same degree. At least two of them must therefore agree to transfer her organs, under the controls set by the regulations.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentGeneral Practice lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
General Practice lawyers
Lawyers who handle this kind of case
Abdullah Al-Saleh Law Office for Law and Legal Consultancy
Frequently asked questions about Article 3 of the Saudi Organ Donation Law
Can a dead person's organs be donated if he left no bequest?
Yes. The organs of a deceased person may be transferred with the consent of his nearest heir, or his nearest relatives if the heirs cannot be identified.
What if relatives disagree about donating the deceased's organs?
If there are several relatives in the same degree, the consent of at least the majority of them must be obtained.
Who sets how the heirs' consent is given?
The consent is given under the controls set by the Implementing Regulations of the law.
Articles this article refers to
More articles on Conditions for Organ Donation and Bequest
- Article 2
The article allows a person to donate any organ or bequeath its donation, provided this is in writing, documented as the regulations specify, and not contrary to Sharia.
يجوز للشخص أن يتبرع أو يوصي بالتبرع بأي عضو من أعضائه البشرية وفقاً لأحكام النظام وبما لا يتعارض مع أحكام الشريعة الإسلامية، على أن يجري ذلك بصورة مكتوبة وموثقة
- Article 4
The article gives a donor before removal, a person who bequeathed before death, and one who agreed to the transfer of a deceased relative's organs the right to withdraw from the donation without any restriction or condition.
يجوز لكل من المتبرع قبل إجراء عملية استئصال عضوه البشري المتبرع به، والموصي المتبرع قبل وفاته؛ العدول عن التبرع دون أي قيد أو شرط، ويسري هذا الحكم على من صدرت م
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.