Organ Donation Ethical Issues in Relation to Human Trafficking

According to code U.S. code 42 presented in the United States Constitution, 'unlawful for any person to knowingly acquire, receive, or otherwise transfer any human organ for valuable consideration for use in human transplantation if the transfer affects interstate commerce.' The black market allows people to freely buy and sell many items without tracking the purchase being tracked or verified by the government. The benefits to buying or selling organs are slim in number.

One could argue, “A life could be saved with an organ that it on stand-by, not on a never ending waiting list.”  “…No matter how dangerous paid donation is, it need not be any more dangerous than unpaid donation, since the mere fact of payment does not add any danger. So if paid donation is wrong because of the danger to which the donor is subjected, …

Organ trafficking has spread throughout the world over the past decade and has ruined many lives along the way. ”The patients fail to receive the proper care that they were promised, and are often deceived about the medical risks that they run in selling a kidney. We have also found well‐documented cases of people being pushed into selling their kidneys by their family members. The end‐use purchasers of black market kidneys have received diseased organs, or kidneys that were not suitable, and have suffered as a result of their bodies rejecting them.”

More often than not, organ traffickers are related or involved in various types of trafficking. Although organ selling does permit a fairly large, quick payment, it is not worth the potential risks. This action could result in jail time, subjection to forms of trafficking, and serious health issues. The widespread situation of trafficking organs will continue to grow. As we have seen, the involvement in the black market plays a huge role in trafficking. People have been severely harmed by doing so. The laws, risks, and conflicts have been discussed in this article. The risks certainly over-throw the benefits. Organ trafficking, although left up to the patient, should be carefully taken into consideration before going through with the process.

Selling an organ is one quick, not so easy, way to make fast cash in a desperate situation, or skip a waiting list for a much-needed transplant. There are many reasons why one would make the drastic measures as to selling a part of their body for money. But according to the law they are not able, as of now this is not legal in the United States. Why is that? What are the conflicts and risks of organ selling? The laws, conflicts, and risks of organ trafficking will be answered in the following paragraphs.

Why are trafficking organs against the law? In 1984 a federal law was passed called the National Organ Transplant Act. According to code U.S. code 42 presented in the United States Constitution, 'it is unlawful for any person to knowingly acquire, receive, or otherwise transfer any human organ for valuable consideration for use in human transplantation if the transfer affects interstate commerce.'(U.S. Constitution) In other words, it is illegal to sell organs, but it is not illegal to donate organs and collect any insurance money on medical bills that were taxed to the procedure. This varies by state, but many times patients are reimbursed for money that was spent involving the donation of an organ. Iran is the only country in that has legalized the right to buy an organ. Many people get around this law because of the widespread access to the black market. The black market allows people to freely buy and sell many items without tracking the purchase being tracked or verified by the government. Once again, this is still illegal. Daniel Taylor, a writer for the Fine Law blog, says, “The penalties of this act are fines up to $50,000 and five years in Federal prison.”

Much conflict has been raised over the years about organ trafficking. The topic of money is brought up many times, regarding the ethic of the situation. Professor Wilkinson at The University of Stanford department of Philosophy says, “…no matter how dangerous paid donation is, it need not be any more dangerous than unpaid donation, since the mere fact of payment does not add any danger. So if paid donation is wrong because of the danger to which the donor is subjected, then free donation must also be wrong on the very same ground. Free donation, though, is not wrong; on the contrary, it is generally regarded as commendable and heroic. Therefore, paid donation is not wrong either.” So, money should not be the reason this act of organ giving is unethically; because with or without being paid, it is being done.

Organ trafficking has major risks that have ruined many lives over the years. Several countries including, Israel, China, Turkey, Brazil, and the Philippines have the most prevalent numbers in organ trafficking cases. Once a recipient is found and the organ is extracted, these organs can be placed “anywhere from reputable hospitals to makeshift operating rooms in homes.”(Christina Bain, director of the initiative on human trafficking and modern slavery, Babson College) Desperate patients who are in severe need of a transplant may become “easy targets for traffickers.”(Bain) This, in a way, can be a trap. J.S. Taylor did his own research on the black market industry, involving medical cases and says, ”The patients fail to receive the proper care that they were promised, and are often deceived about the medical risks that they run in selling a kidney. We have also found well‐documented cases of people being pushed into selling their kidneys by their family members. The end‐use purchasers of black market kidneys have received diseased organs, or kidneys that were not suitable, and have suffered as a result of their bodies rejecting them.” Hanberg 2

Although organ selling does permit a fairly large, quick payment, it is not worth the potential risks. This action could result in jail time, subjection to forms of trafficking, and serious health issues. The widespread situation of trafficking organs will continue to grow. As we have seen, the involvement in the black market plays a huge role in trafficking. People have been severely harmed by doing so. The laws, risks, and conflicts have been discussed in this article. The risks certainly over-throw the benefits. Organ trafficking, although left up to the patient, should be carefully taken into consideration before going through with the process.

Works Cited

1. Bain, Christina, et al. “ACAMS Today.” ACAMS Today, 26 June 2018, https://www.acamstoday.org/organs-trafficking-the-unseen-for-of-human-trafficking/.
2. Baltzell, George W. “Constitution of the United States - We the People.” Constitution for the United States - We the People, https://constitutionus.com/.
3. Taylor, Daniel. “Is It Legal to Sell Your Own Organs?” Findlaw, 21 Mar. 2019, https://blogs.findlaw.com/law_and_life/2014/12/is-it-legal-to-sell-your-own-organs.html.
4. Wilkinson, Stephen. “The Sale of Human Organs.” Stanford Encyclopedia of Philosophy, Stanford University, 22 Oct. 2015, https://plato.stanford.edu/entries/organs-sale/.
5. Taylor, J S. “Black Markets, Transplant Kidneys and Interpersonal Coercion.” Journal of Medical Ethics, BMJ Group, Dec. 2006, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2563357/.