NOTA or National Organ Transplant
Act is actually the cornerstone of the Fed system for organ transplantation. It
became active in 1984 and prohibited the selling of organs. NOTA in response to the proposal of Jacob, included in a
language that made the proposal a crime “for any individual to receive,
acquire, or transfer knowingly any human organ for an important consideration for
a use in transplantation if interstate commerce is affected by the transfer."
At that time, Congress was actually concerned about the emergence of an organ
market along with the disputes that could rise if donors were forced into
donating their organs. The Report of Senate accompanying the NOTA explained
that parts of human body shouldn’t be viewed and perceived as commodities (Unos).
For the last twenty years, the prohibition
against selling and buying organs in the US has actually quoted NOTA as a
mantra. Efforts in providing incentives in terms of finance as a means of
raising cadaveric donation have not succeeded because of a precise
congressional intent that organs must not be placed in the market. However, a
commentator has seemingly argued that the existence of a law that prohibits
selling of organs portrays a body of a human as a commerce’s article that lies in congressional power. Otherwise,
this matter wouldn’t be so important and organs would be sold on the market.
Although society hasn’t eliminated the sale of
replenishable body parts including blood, sperm, and hair, the question about
whether society should consider selling human organs is yet to be answered. It
is not because of the rising desire of individuals to sell organs but because
of the expansion of biotechnology industry. At present, a growing number of
patients are waiting for a transplant and alternatives for increasing the
supply of donor are in a consistent demand. Evolution in the biotechnology has created
needs and uses for bodily tissues that were unimaginable in last few years. And
even though state and federal law prohibits selling of organs, there is not any
law regarding their use for commercial, educational, and research purposes.
References of
Selling Organs for Transplant
Unos. National Organ Transplant Act enacted 30
years ago. 2014. <https://unos.org/news/national-organ-transplant-act-enacted-30-years-ago/>.