Summary

At present, organ transplantation is regulated in Estonia by instructions intended for internal use by authorities. However, the need for legislation of general application to govern this area is strongly felt. The interests of individuals who need organs and the rights of the deceased should be protected by law. The procedure for determination of death should be formulated more precisely. Both in medical and ethical terms, determination of death may be complicated in some cases.
Autopsy also requires better regulation. It is generally accepted that advance consent of the deceased or consent of his or her relatives is, as a rule, necessary for an autopsy. However, the law should provide for cases where consent is not necessary, for example if an autopsy is designated by law enforcement bodies, special programmes of health care authorities or in the case of an epidemic.