Just Say No to NOTA: Why the Prohibition of Compensation for Human Transplant Organs in NOTA Should Be Repealed and a Regulated Market for Cadaver Organs Instituted

The United States faces a shortage of organs for transplantation; thousands of individuals die each year while waiting for organs. The organ donation system relies on altruism as the National Organ Transplantation Act (NOTA) prohibits donors from receiving valuable consideration for organs to be used for transplantation. This paper contains a proposal for a regulated market for cadaveric organs as a mechanism to increase the number of organs available for transplantation. We believe that a regulated market for cadaver organs is appropriate in the United States for the following reasons: (1) it is consistent with the numerous ways in which bodies are currently treated as commodities. (2) It is unlikely to further disadvantage the poor. (3) It would not expose organ recipients to undue harm. (4) In the current organ transplantation system, everyone except the organ donor, benefits financially. (5) The prohibition in NOTA is inconsistent with laws permitting next-of-kin to recover for damage to the body of a deceased family member. (6) The protection of the dignitary interests of organs for donation is inconsistent with the current protections of the dignitary interests of human specimens. (7) Permitting a market for organs promotes the American values of autonomy and liberty.