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3 Am. J.L. & Med. 183 (1977-1978)
Transplantable Human Organs: Should Their Sale Be Authorized by State Statutes

handle is hein.journals/amlmed3 and id is 201 raw text is: Transplantable Human Organs: Should Their Sale Be Authorized by State Statutes? Marvin Brams, PhD.* ABSTRACT Currently, there is a serious shortage of human organs, such as kidneys and corneas, available for transplant to patients who need them. State laws--through the adoption of the Uniform Anatomical Gift Act- support an altruistic system of organ donation, in which the supply of transplantable organs depends upon the willingness of individuals to relinquish organs without financial compensation. The author of this Comment, an economist, proposes that state laws should instead support a combined altruistic-market system of organ procurement and distribu- tion. In such a system, not only could individuals give their organs, but those who so desired could sell their organs-to be removed and trans- planted upon their death, or possibly even during their life in appro- priate cases-with the proceeds going to the donor or his estate. The author contends that statutory authorization of a combined altruistic- market system of organ transfer-for which the current mixed voluntary-commercial blood system provides a precedent-would foster the growth of a new incentive (the receipt of money) to relinquish one's organs for transplantation. The sale of organs could (1) alleviate the organ shortage, (2) decrease the incidence of organ rejection by the host, and (3) lessen the need to remove organs from living donors. The author confronts various practical and ethical objections to the introduction of a * Economist and Associate Professor of Urban Affairs and Public Policy, University of Delaware. Certain ideas in this Comment were first conceived by the author's reading of S. Rotten- berg, The Production and Exchange of Used Body Parts, in INSTITUTE FOR HUMANE STUDIES, II TOWARDS LIBERTY 322 (1971). Other useful background papers for this Comment include the materials on blood collection and distribution listed in note 12, infra, plus the following: Simmons and Simmons, Organ Transplantation: A Societal Problem, Soc. PROB., Summer 1971, at 36; PUBLIC HEALTH SERVICE/NATIONAL INSTITUTES OF HEALTH, HEW, U.S. KIDNEY TRANSPLANT FACT BOOK (1972); Advisory Committee to the Rental Transplant Registry, The Tenth Report of the Human Renal Transplant Registry, 221 J.A.M.A. 1486 (1972); Advisory Committee to 'the Renal Transplant Registry, The Eleventh Report of the Human Renal Transplant Registry, 226 J.A.M.A. 1197 (1973); Ryan, Future Stock: The Body's New Frontiers, NEW YORK, February 10, 1975, at 45; NATIONAL KIDNEY FOUNDATION, THE ORGAN DONOR PROGRAM (1976) (leaflet); AMERICAN KIDNEY FUND, A GUIDE FOR THE DONATION OF ORGANS AND TISSUES (undated leaflet); Raible, Accelerating Life-sustaining Gifts: The Case for Uniform Organ Donor Driver's License, MEDICOLEGAL NEWS, October 1975, at 3; Note, Patient Selectionfor Artificial and Transplanted Organs, 82 HARV. L. REV. 1322 (1969).

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