Is Your Kidney for Sale? An Economic and Policy Perspective on the Legalization of a Living Kidney Vendor Program in the United States

Abstract

            The National Organ Transplant Act of 1984 (hereinafter NOTA) was an attempt to regulate, streamline, and encourage legal organ donation. NOTA has undergone some amendments since its enactment, including attempts to modernize the registry process and create a unified donation and transplant network. However, the regulation on the sale of organs has remained steadfast. We continue to have an organ shortage, and the statistics on the number of individuals dying each day awaiting transplants is only getting worse. An additional amendment to NOTA is necessary to solve our organ donation crisis. This Article identifies the relevant NOTA provisions, identifies some significant court decisions, and explores the policy and economic arguments in support of and against creating a living organ trade in the United States. In addition, this Article explains the Iranian Living- Unrelated donor program, and the government regulations necessary to create a living kidney vendor program in the United States.