Legalizing human organ sale/ organ transplants


Organ transplantation is an operation done to move one or multiple organs from a donor to a recipient to replace a diseased, damaged or absent organ. The donor can be a willing donor, a failing donor or it can be a cloned donor from patients’ own stem cells. Examples of Organs that can be transplanted include lungs, heart, pancreases, kidneys lungs, liver, thymus and intestines. It is vital for people to get organ transplants to save lives. Most people with patients having organ transplants are requested and encouraged to donate the organs and when there is no willing donor, they opt to buy the organs. Buying organs is very expensive as it is only affordable to the rich (Cohen, 2012).

US Government on Organ Sale

In Holder v. Flynn (2011) The National Organ transplant Act (1984) was held by the US court of Appeal for the ninth circuit from the constitutional challenge, however, it interpreted the act un encompassing the sale prohibition of tissues and organs through apheresis. The case rehearing was denied and the state has to decide on whether to pursue its challenge within the US Supreme Court. This study explains the lawsuit, its necessity and uses it as a condition against which to understand the future and history course of the laws governing selling of human tissues and organs. In 1968, the Uniform Anatomical Gifts Act promulgated on the uniform state laws by the National Conference of Commissioners (Cherry, 2009). The law governed the procurement of organs from the organs of the deceased establishing the legal and ethical guidelines for organs transplantation. Some healthy donors contract for the sale of their organs and, tissues to be transplanted after their death. When the organs are retrieved and transplanted the payment should be made to the person chosen by the donor. Normally it is encouraged to get organs from the deceased by both rich and poor to promote equality.

Legalize human organ sale

Allowing organ sales and eliminating organ donors list increases supply, lowers the costs and diminishes social anxiety towards organ markets thus legalizing the sale of human organs. Legalizing sale of organs has brought about people relaxing to donate organs since they can buy. People travel to get organs where they are cheap and available. For instance, China and India are believed to have the cheapest and effective cost of doing the implant. They easily obtain the organs and promote the well being of a person whether poor or rich.

Forced donation

There are some authorities that harvest organs from the deemed people such as the imprisoned since they are not able to give consent to donating their organs. In China, 95% of organs are transplanted from prisoners and donated to ones in need; however, they consider the relatives of the donor as the first priority for the organ. Illegal dissection of the dead is done to obtain allograft. The organs are then sold to persons in need of the organ (Investor’s Business Daily, 2011). People worldwide respond to this availability of organs in China and India, to receive organ transplants which might have been sourced in unethical ways. The market for organs is the most effective and efficient means of allocating and procuring human organs.

Banning of organ transplant

The sale of organs failed to be banned and left to the matter of compensation in the US. The government tries to down play the span of organ harvesting through confidential laws and agreements. This law includes Temporary Rules Concerning the Utilization of Organs from the Corpses of Executed Prisoner.

Compensate Organ Donors

Cherry argues that (Cherry, 2009) the organs are goods and services that are bought and sold, valued over and against other goods and services. They are the economical choices subject and are provided with a monetary equivalence.  Hospitals and physicians demand payment for the rendered services. Therefore an organ monetary value differs in only one way, thus the donation act takes more risk for the donor than does the act of donating of other things.  This risk is an important point to those arguing against financial pricing of organs.  Putting humans at risk when the surgery is not required for the patient is the issue.  


There are solutions provided to increase the number of legally available organs and to staunch the flood of illegal transferring within the world. Presumed policies of consent are effective in a number of countries that are either opt-in-opt-out. Nations with opt-out policy, have consent for organ donation presumed upon death, however, one can choose not to donate through document submission. On the other hand nations with the opt-in policy, one may choose to donate organs during their lifetime. Programs of presumed consent cut down on organ trafficking. The laws help to increase the number of existing organs, and decrease the dependence of patients on the black market. In addition it increases the number of organs thereby cutting the financial cost of transplanting and, decreases the need for medical tourism.

Enacting laws enables doctors to be responsible for not reporting any suspected organ trafficking. When liability measures are imposed on the doctors, they would be liable as accomplices to performing knowingly with black market organs. This helps stop violations of human rights.  Laws should be enacted to make long-term care an inherent part of the donation agreement. Through legalization and incorporation of organ trading into the field of the government, poverty could be abolished and the requirement of a black market for organs would be diminished.


Cohen, I. G. (2012). Can the government ban organ sale? Recent court challenges and the future

Of us law on selling human organs and other tissue. American Journal Of Transplantation12(8), 1983-1987.

Cherry, M. J. (2009). hy should we compensate organ donors when we can continue to take

Organs for free? A response to some of my critics. Journal of Medicine & Philosophy34(6), 649-673.

Investor’s Business, D. (2011, December 9). Have A Heart: Legalize Human Organ Sales.

Investor’s Business Daily. p. A12.

Flynn v. Holder (2011) retrieved on Dec 2011 (http://www.ca9.uscourts.









Get Professional Assignment Help Cheaply

fast coursework help

Are you busy and do not have time to handle your assignment? Are you scared that your paper will not make the grade? Do you have responsibilities that may hinder you from turning in your assignment on time? Are you tired and can barely handle your assignment? Are your grades inconsistent?

Whichever your reason may is, it is valid! You can get professional academic help from our service at affordable rates. We have a team of professional academic writers who can handle all your assignments.

Our essay writers are graduates with diplomas, bachelor's, masters, Ph.D., and doctorate degrees in various subjects. The minimum requirement to be an essay writer with our essay writing service is to have a college diploma. When assigning your order, we match the paper subject with the area of specialization of the writer.

Why Choose Our Academic Writing Service?

  • Plagiarism free papers
  • Timely delivery
  • Any deadline
  • Skilled, Experienced Native English Writers
  • Subject-relevant academic writer
  • Adherence to paper instructions
  • Ability to tackle bulk assignments
  • Reasonable prices
  • 24/7 Customer Support
  • Get superb grades consistently

How It Works

1.      Place an order

You fill all the paper instructions in the order form. Make sure you include all the helpful materials so that our academic writers can deliver the perfect paper. It will also help to eliminate unnecessary revisions.

2.      Pay for the order

Proceed to pay for the paper so that it can be assigned to one of our expert academic writers. The paper subject is matched with the writer’s area of specialization.

3.      Track the progress

You communicate with the writer and know about the progress of the paper. The client can ask the writer for drafts of the paper. The client can upload extra material and include additional instructions from the lecturer. Receive a paper.

4.      Download the paper

The paper is sent to your email and uploaded to your personal account. You also get a plagiarism report attached to your paper.



order custom essay paper