Recently, in a post on prostitution, I challenged readers to name another activity that would otherwise be legal but is made illegal simply by virtue of money being exchanged in the process. Although I couldn't think of anything, my old friend from high school, Kim, pointed out, quite correctly, that it is perfectly legal to donate your organs but illegal to sell them.
Here is my question. Is a legal prohibition against selling your organs a good idea or a bad one?
Right now, there are more than 105,000 people in the US waiting for organ donations. This waiting list increases by approximately 300 people each month. There are between 70 and 80 organ transplants performed each month. 17-18 people per day die due to not having organs available for transplantation.
What if the OPTN Organ Procurement and Transplant Network), which is the agency that currently oversees organ donation and transplants, paid donors a predetermined price for their organs? With some organs, like the liver and kidney, this could be done while the person is alive and well and the donor could use the money from these as he or she sees fit. In the case of a deceased donor, the money that is generated by selling any viable tissues could go into the decedent's estate and could be used to settle any outstanding debts, with the remainder going to his or her heirs. These organs would then go to a donor based upon the same criteria that are now used, which are; tissue match, blood type, length of time on waiting list, immune status, distance between the potential recipient and the donor, and the degree of medical urgency (for heart, liver, lung and intestines).
The reason that I say that a “predetermined price” should be paid for organs is to avoid a situation in which a person would agree to sell organs to the highest bidder. Selling organs eBay-style would create an exploitative scenario in which wealthy people would have access to transplantable organs while those of lesser means would not. However, a well-regulated and equitable system of payment and organ distribution might help to narrow the gap between those who need organs and those who have them but might not otherwise be inclined to donate them. Knowing that when you die your organs may be donated to a person in need is reason enough for many people to fill out the donor card at the DMV (or BMV in Indiana...always have to be different don't you?). For some though, this idea is too abstract to move them to become a prospective donor. Maybe if they knew that, in addition to the abstract idea that donating an organ would help someone that they don't know live a longer and healthier life, knowing that their spouse or children might benefit from their donation would make them more inclined to donate.
Either way, I hope that you have made the decision to donate your organs in the event of your death. Let's hear your thoughts and ideas.
