Organ Donation Consent Form (Nigeria)

An Organ Donation Consent Form in Nigeria evidences a donor's intention to give an asset and the donee's acceptance of it.

Organ and tissue donation in Nigeria is governed by the National Health Act 2014 (NHA 2014), which came into force on 31 October 2014 and represents the primary federal legislation regulating health services, human tissues, and organ donation in Nigeria. Part V of the National Health Act 2014 — titled 'Use of blood, blood products, tissue and gametes in health establishments' — sets out the legal framework for the donation, storage, and use of human tissue and organs. Section 48 of the NHA 2014 provides that a person may in writing consent to the removal from their body after death of any tissue or organ for the purposes set out in the Act, including transplantation, the use of tissue for therapeutic purposes, medical or dental treatment, medical research, or education. Section 49 of the NHA 2014 regulates consent by next of kin where the deceased has not left a prior directive, and Section 50 prohibits the removal of tissue from a living person below the age of 18 without the consent of the person and their parent or guardian.

The National Blood Transfusion Service (NBTS) under the Federal Ministry of Health is the principal government body overseeing blood transfusion and related matters in Nigeria, though a dedicated National Organ Transplantation Authority has been proposed in policy discussions. Organ transplant services in Nigeria are currently provided by a limited number of federal teaching hospitals and specialist centres, including the Lagos University Teaching Hospital (LUTH), the University College Hospital (UCH) Ibadan, the Ahmadu Bello University Teaching Hospital (ABUTH) Zaria, and a growing number of private hospitals with transplant capacity — principally for kidney transplantation, which is the most developed transplant modality in Nigeria.

The Organ Donation Consent Form under the National Health Act 2014 should specify which organs the donor consents to donate (all organs, specific organs such as kidneys and corneas, or tissues such as bone and skin), and whether the donation is for transplantation only, for medical research, or for any lawful purpose. The form should also designate the donor's next of kin who should be informed of the donor's wishes, as next-of-kin consent is a practical requirement in Nigerian hospital practice even where the donor has left a prior written directive.

The Organ Donation Consent Form (Nigeria) is governed by health and human-tissue law rather than commercial statutes. Part V of the National Health Act 2014 regulates the donation, storage, and use of human tissue and organs: Section 48 lets a person consent in writing to removal of tissue or organs after death, Section 49 regulates next-of-kin consent and prohibits the sale of organs, and Section 50 governs donation by living minors. The Nigeria Data Protection Act 2023 protects the donor's personal data, and the National Blood Transfusion Service (NBTS) under the Federal Ministry of Health oversees related procurement. A donor signing this form should confirm it reflects current law and communicate their wishes to next of kin. The National Health Act 2014 (Part V) sets the foundational requirements.

An Organ Donation Consent Form in Nigeria is needed in the following circumstances.

An Organ Donation Consent Form is required when an adult individual wishes to formally record their decision to donate organs or tissues after death, confirming that their intentions are documented and can be communicated to family members and healthcare providers at the time of death when decisions must be made quickly.

An Organ Donation Consent Form is needed when a patient being admitted to a federal teaching hospital, state general hospital, or private specialist hospital is asked to indicate their organ donation preferences as part of the hospital admission and consent documentation process — particularly in hospitals operating transplant programmes under the National Health Act 2014.

An Organ Donation Consent Form is required when an individual is completing their advance healthcare directive or living will and wishes to include their organ donation wishes alongside instructions about life-sustaining treatment — confirming that the full range of their end-of-life healthcare preferences is documented in a single set of documents.

An Organ Donation Consent Form is needed when a family member of a recently deceased patient is being approached by transplant coordinators at a federal teaching hospital or specialist transplant centre about the possibility of organ donation from the deceased, and requires written documentation of the family's consent or the deceased's prior consent directive.

An Organ Donation Consent Form is required when a Nigerian medical school, research institution, or anatomy department seeks written consent from an individual willing to donate their body for medical education or anatomical research following death, governed by the relevant provisions of the National Health Act 2014 on the use of human tissue for educational and research purposes.

A donor in Nigeria should record organ donation wishes in writing and discuss them with family while still able to, rather than leaving the decision to others at the time of death. Transplant teams act on the written directive and the family's understanding of the donor's wishes. Section 48 of the National Health Act 2014 permits written consent to removal of tissue or organs after death, Section 49 requires next of kin to be informed and prohibits the sale of organs, and Section 50 governs donation involving a minor. Nigeria operates an opt-in system, so clear documentation and family communication are essential.

A valid Nigeria Organ Donation Consent Form must contain the following essential elements.

Donor Identity: Full legal name, date of birth, residential address, phone number, and national identification (NIN or other valid ID) of the donor. The donor must be a competent adult of at least 18 years, capable of giving informed consent under Section 23 of the National Health Act 2014.

Scope of Donation: Clear specification of which organs, tissues, or body parts the donor consents to donate, including: all organs and tissues without restriction; specific organs only (e.g. Kidneys, liver, heart, lungs, corneas, pancreas); specific tissues only (e.g. Bone, skin, heart valves); or body donation for medical education and anatomical research. Restricting the scope to specific organs or tissues is a valid expression of donor preference under the NHA 2014.

Purpose of Donation: Whether the donated organs or tissues may be used for: transplantation into a recipient patient; medical or scientific research; therapeutic purposes including training of medical personnel; or any lawful purpose under the National Health Act 2014. Specifying the purpose gives effect to the donor's informed consent.

Next-of-Kin Details: Full name, relationship, address, and contact number of the donor's next of kin or designated representative who should be informed of the donor's wishes and consulted at the time of death. In Nigerian hospital practice, next-of-kin consent is sought even where a prior directive exists.

Prohibitions: The donor's specific prohibitions, if any — for example, a prohibition on the use of donated tissue for commercial purposes or a prohibition on donation for research involving specific procedures.

Donor Declaration: The donor's declaration that the consent is given freely, voluntarily, and without coercion; that the donor understands the purpose and effect of the consent; and that the donor may withdraw the consent at any time before death by destroying the form or notifying their next of kin and treating physician in writing.

Witness: The consent form should be signed in the presence of a witness who is not a family member of the donor and who is not employed at a hospital that may benefit from the donation — to satisfy the requirement for independent witnessing under Nigerian medical ethics guidelines and the NHA 2014.

Date and Signature: Date of signing (DD/MM/YYYY) and the donor's signature or thumbprint, followed by the witness's signature and details.

Additional compliance elements for an Organ Donation Consent Form (Nigeria) include compliance with the written-consent and prohibition-of-sale provisions of Sections 48 and 49 of the National Health Act 2014, the rules on minors in Section 50, and protection of the donor's personal data under the Nigeria Data Protection Act 2023. Forms-legal.com provides this template as a starting point for Nigeria-compliant documentation.