Organ Trade - Proposed Solutions

Proposed Solutions

Several solutions have been put forward to both increase the amount of legally available organs and staunch the flow of illegal trafficking around the globe. Policies of presumed consent have been successful in various countries such as Brazil, the United States, and several nations of Europe. These policies can be either opt-in or opt-out. In a nation with an opt-out policy, consent for organ donation is presumed upon death, although one can choose not to donate by submitting documentation. Research shows a 25-30% increase in the amount of available organs in opt-out countries. In nations with an opt-in policy, like the United States or France, a person may choose to donate their organs during their lifetime. In opt-in countries, families have on occasion succeeded in overturning the decision of the deceased to donate.

Presumed consent programs cut down on organ trafficking in many ways. These laws help increase the amount of available organs, decreasing the reliance of patients on the black market. At the same time, the increased amount of organs cuts the financial cost of a transplant, decreasing the need for medical tourism.

Another method that has been recommended is to enact laws that would hold doctors accountable for not reporting suspected organ trafficking. Medical anthropologist Nancy Scheper-Hughes has written extensively on the issue of doctors knowingly performing illegal operations with illicit organs. While it can be argued that expecting doctors to come forward violates doctor-patient privilege, their legal obligation to the patient, according to Scheper-Hughes, is superseded by public interest in ending alleged medical violations of human rights. If accountability measures were imposed, doctors would be liable as accomplices if they knowingly performed operations with black market organs.

Many in the United States believe that adopting a system for regulating organ trading similar to Iran's will help to decrease national the shortage of kidneys. By promoting accountability, ensuring safety in surgical practices, employing vendor registries, and providing donors with lifetime care, it has been stipulated the US could adopt similar policies. Arguments have been made that private insurance agencies would be invested in providing such care for donors, as the procedure would become relatively standard given the long waitlist for organs. Alternatively, laws could be enacted that make long-term care an intrinsic part of any donation agreement. By legalizing and incorporating organ trade into the domain of government, poverty could be eliminated and the necessity of a black market for organs would be mitigated.