Berlin: (hib/PK) According to the federal government, the Transplantation Act (TPG) only applies to the donation and removal of human organs or tissues for the purpose of transfer and to the transfer of organs and tissues. According to the Federal Government’s response (20/7731) to a small question (20/7480) by the CDU/CSU parliamentary group, the TPG does not apply if it is not intended to be transferred to a human being.
The TPG also does not apply in cases where transfer to a human is initially intended, but this was not possible for medical, technical or organizational reasons and the organ could be used for research purposes.
The Federal Government also does not intend to create a legal framework for the use of non-medically used postmortem donor organs, the answer goes on to say. The TPG is based on the competing legislative competence to regulate the transplantation of organs, tissues and cells in Article 74 Paragraph 1 Number 26 of the Basic Law. Regulations on the use of bodies for the purposes of teaching, quality control or science and research, on the other hand, are not covered by the legislative competence of the federal government.