The National Organ Transplant Act Of 1984

Every day some dies after waiting years on a transplant list. The National Organ Transplant Act of 1984 says that in the United States, the sale of organs is illegal. Some believe this act may be preventing thousands of people from getting the organs that will save their lives. The truth is every day someone dies and their organs could be used to help others and everyday a life of one and the livelihood of another could be saved. The reasons for allowing the sale of organs is very simple to understand. It can help others financially, save money on medical expenses and most importantly, save lives. Critiques believe this would be a mistake causing spur of the moment decisions, and illegal obtain these organs for sale. With the use of regulation, these doubts can be laid to rest. Before the problem can be solved, the problem has to be identified.

It was only a matter of time before a businessman in Virginia saw a way to profit from the success of transplantation. In 1983 H. Barry Jacobs announced the opening of a new exchange through which competent adults could buy and sell organs. His failing was in his decision to use needy immigrants as the source of the organs (Pence 36). As a result Congress, passed the National Organ Transplant Act (Public Law 98-507) in 1984, which prohibited the sale of human organs and violators would be subjected to fines and imprisonment (“Donation Details”).

In the United States, there are currently 116,608 people in need of a lifesaving organ transplant, and 75,684 people that are currently active waiting list candidates (HRSA, 2017). Between January and September 2017, there have only been 12,211 organ donors (HRSA, 2017) which is far less that the current demand for lifesaving organs. The shortage of donors could lead to an individual looking for outside sources such as the black market to find their lifesaving organ. Offering incentives to persons who chose to donate their organs or those of a deceased loved one is important because it could stop the illegal selling of organs, save the life of someone in need of an organ transplant and benefit both the donor and recipient.

“Illegal trade in kidneys has risen to such a level that an estimated 10,000 black market operation involving purchased human organs now take place annually or more than one an hour” (The Guardian, 2012). People that are in the need of an organ and willing to participate in illegal activities will either send a broker or go directly to another country where people are lacking in the knowledge of the situation or have an extreme disability and buy an organ rom that individual. In most cases a broker will promise the seller a great amount of money, but in the end they will only receive a fraction of the money that was promised and for some they receive no money. If a broker cannot buy an organ they will steal one. “However, when the organ, like many other valuables that cannot be bought, it is stolen resulting in flagrant violation of human rights” (U.N.O.D.C, 2000). It is currently illegal to buy or sell human organ in the United States and many other countries. People involved with the operation of human trafficking will be charged with a trafficking offence. “For a trafficking offence to be established must be evidence of an illegal act (recruitment) followed by an illegal means (coercion) for the purpose of exploitation (organ harvesting), one in ten organ transplants are illegal” (U.N.O.D.C, 2000). Illegal sales of organs are increasing the rate of criminal

Over the last few decades, the number of patients on organ waiting lists in the US has continued to soar way above the number of organ donor. In some cases, patients have died waiting for organs from donors. According to available statistics, more than 100,000 patients are in the US transplant list waiting for organ donors. On the other hand, only 20% of these patients are likely to receive a legitimate organ donor and the fate of the other 80% lies in the balance (Rattenni 20). This shortage in the life saving organ transplant has led to a surge in illegal human trafficking cartels and black market vendor ready to exploit the desperate situation of these patients. In some cases, there have been cases of living donor ready to sale their organs for cash rewards.

The demand for organ donors far exceeds the supply of available organs. According to the United Network for Organ Sharing (UNOS) … there are more than 77,000 people in the U.S. who are waiting to receive an organ (Organ Selling 1). The article goes on to say that the majority of those on the national organ transplant waiting list are in need of kidneys, an overwhelming 50,000 people. Although financial gain in the U.S and in most countries is illegal, by legalizing and structuring a scale for organ donor monetary payment, the shortage of available donors could be reduced. Legalizing this controversial issue will help with the projected forecast for a decrease in the number of people on the waiting list, the ethical concerns around benefitting from organ donation, and to include compensation for the organ donor.

If the selling of organs becomes legal. Who is to say that the donor will not be tempted to sell the organs just because they are in need of money, and lack the understanding of the risks that are involved, such as kidney failure and various renal disorders that could occur? One could easily make a life changing decision under, stressful conditions, especially if that person has high debt or if that person feels that, that is their last hope. Many choices can affect their decision; however each person truly needs to understand the “why” and the effects of donor donation and not just become swayed because of the deposit of monetary funds. A physician who donated his organs at the age of eighteen went on to regret it after doing research and he

Before being paid was brought up in this survey, people were a lot more willing to donate to people they knew. When talking about donating organs those people who were willing to do donate were sixty-eight percent to people they didn’t know according to the survey taken by Ariana Eunjung Cha (Washington Post). Twenty-three percent more said that they would donate to family and friends, and nine percent said they would not donate at all. Then surveyors were asked to consider doing the same thing but in addition to fifty thousand dollars in compensation. Sixty-three percent said that the payment would make then even more likely to do it, and those willing to donate to only friends and family sixty percent of them said they would be more willing to donate. Out of the original nine percent who said they wouldn’t donate, twenty-six percent of the nine percent changed their mind and said they would reconsider because of the money. With these results, researchers said, “Thus payment motivated more US voters to positively consider donor nephrectomy rather than to reject the notion of donating a kidney” (Washingtonpost.com). In this case you can see the proof of these numbers, that more people will be willing to help complete strangers be able to live if they get compensated. Organ transplants do take place today in the world but, the donor gets the organ, the doctor gets paid, but

Dying painfully in a hospital bed is not the way anyone wants to go. Unfortunately for many people, it is a reality. Thousands of people a year end up dying while waiting for an organ that could save their lives. While on the other side of the world, thousands of people die a year, but from infection when an organ is forcefully taken from them to sell on the black market. There are two sides of the organ donation list, and both can end in death. This paper will discuss the shortage of donated organs and the issues with the current donation system. It will also discuss the black market for transplant organs and possible solutions to viable organ shortage. The focus of this paper will be on transplant kidneys as they are the most desirable organ for buyers and sellers.

An organ market will lead to exploitation and unfair advantages for the rich and powerful. It will creates injustice between the rich and the poor as the rich will get organs because of their money but to those who is less fortunate people will not be able to have access to these resources. Vulnerable people such as kids, less educated people, or people from third world countries will get exploited and harvested their organs for richer people. When organs are freely tradable, many extremely poor people, especially those who are struggling to survive, will be forced to sell parts of their bodies. Poverty and corruption are underlying themes behind seller giving up their organs as most donors see it as the only option to make money. For most

Paying people for giving their kidneys would dramatically increase the number of donors and save many more lives as opposed to waiting for people to donate their organs out of the kindness of their heart and expect nothing in return. MacKay appeals to a person’s logical nature when she states that money rules people, in which it very much so does. The money that could be gained from legal organ transactions is immense; MacKay states that it is in the ballpark of $25,000. MacKay’s solution would not only legalize the selling of organs, but also make it regulated by the government, eliminating many people’s fears of the possible consequences of legalization.  She also argues how it would be easier to control the lawful sale of organs as opposed to the unlawful sale.

Organ transplantation is a term that most people are familiar with. When a person develops the need for a new organ either due to an accident or disease, they receive a transplant, right? No, that 's not always right. When a person needs a new organ, they usually face a long term struggle that they may never see the end of, at least while they are alive. The demand for transplant organs is a challenging problem that many people are working to solve. Countries all over the world face the organ shortage epidemic, and they all have different laws regarding what can be done to solve it. However, no country has been able to create a successful plan without causing moral and ethical dilemmas.

In the article, Kidney International, Drs. Eli and Amy Friedman say, "that as many as 100,000 people could be saved annually by introducing a regulated kidney market” (Clark np). Theoretically, this means that almost every individual on the national transplant waiting list could be saved in less than a year. A well-regulated, legal organ market is the solution to the shortage of organ supply. Most experts say $50,000 would be enough compensation for an organ (Kline np). The open organ market would be operated by the government (Kline np). The government would regulate the compensation to the donor. The compensation would ideally be covered by the patient’s insurance company or Medicare (Kline np). This solved the radical problem of recipients being exploited for money. The ideal solution would be that donors would come forward that no patient is left waiting on the waiting list (Kline np).

The legalization of organ sales has been proposed as a solution to two distinct problems. The first is the problem of illegal organ trafficking and the second is the problem of inadequate supplies of organs available for transplants. Gregory (2011) outlined the case for legalizing organ sales by arguing that the current shortage of organs fuels a black market trade that benefits nobody except criminals. He further argues that such a move would add organs to the market, thereby saving the lives of those who would otherwise die without a transplant, while delivering fair value to the person donating the organ. There are a number of problems with the view that legalizing the organ trade is beneficial. Such a move would exacerbate negative health outcomes for the poor, strengthening inequality, but such a move would also violate any reasonable standard of ethics, by inherently placing a price on one's life and health. This paper will expand on these points and make the case that we should not allow people to pay for organs.

    Today, medical operations save lives around the world, a feat that surely would surprise our ancestors. Many operations replace defective organs with new ones; for new organs to be ready to be implanted there need to be organ donors. We are not so advanced a society that we can grow replacement organs. Thousands of organ donors in the United States every year are seen as doing the most noble of deeds in modern civilization, and most of the time death has to occur before the organ can be used. Now, though, some are suggesting that organ donors—or their beneficiaries—should be paid for their donations. This should not happen, as it creates a strain on the already tight national budget, forces