Gifts of the Heart . . . and Other Tissues: Legalizing the Sale of Human Organs and Tissues

Abstract

Gifts of the Heart . . .and Other Tissues: Legalizing the Sale of Human Organs and Tissues "We buy and sell body parts all the time; we just don't call it that." 1 I. INTRODUCTIONImagine a scenario in which a young individual tragically dies, but in a way that preserves almost all of her internal organs. 2 Further, imagine that after she is declared brain dead at the hospital, her family decides to donate her organs. 3Despite this magnanimous decision which will save others' lives, the family must bear all expenses for the funeral and other final expenses 4 because, under current law, the family is prohibited from receiving anything in compensation for the donation. 5Yet, at the same time, thousands of dollars are changing hands between doctors, hospitals, medical transport companies, and insurance companies in completely legal business transactions for these donated organs. 6 This scenario is actually not imaginary at all, but is the established system of organ and tissue transfer under current law.Federal and state laws prohibit the receipt of consideration for an organ donation. 7However, to say that organs are not being bought and sold is to ignore reality. 8 While most people are somewhat aware of black market transactions in various human tissues-mostly internal organs-fewer are aware that a massive and legitimate industry has been built around the trade of human remains. 9 The 17. See generally