Abstract

Background: Blood transfusion is conceptually a tripartite legal agreement between blood donation centers, volunteer donors, and recipients, based on solidarity and social responsibility. However, in Iran, there is no formal contract between the Blood Transfusion Organization and hospitals, creating a legal and practical gap.

Materials and Methods: This paper analyzes the legal nature of blood donation and transfusion, examining different types of contracts that could govern blood transfer, drawing upon Iranian civil law and legal principles.

Ethical Considerations: The study discusses the ethical dilemmas of blood commodification, the importance of public morality, and the need to balance the economic value of blood with human dignity.

Findings: Direct trading of blood between individuals is deemed void due to public order concerns. While sale and lease contracts are unsuitable for blood transfer due to ethical and practical issues, juala (based on leniency) and gift contracts are considered more appropriate models. Bequest contracts are also examined as a potential framework for postmortem blood donation.

Conclusion: A gift contract model is proposed as ethically preferable for blood donation, acknowledging the altruistic nature of the act while emphasizing the role of the Blood Transfusion Organization. Legislation is needed to manage blood donation practices while prioritizing safety, ethics, and human dignity.