Legalize Purchase and Sale of Organs

Why is it illegal to buy and sell organs?

Opponents of legalization make two arguments.

The first is that legalization helps wealthy patients at the expense of everyone else. The second is that legalization encourages the poor to sell their organs out of desperation.

Neither argument is persuasive. Legalization is likely to increase the supply of organs, thereby benefiting everyone. Access for the poor is a separate issue best addressed by programs like Medicaid. Legalization also means the market for organs will be above ground, which promotes informed consent and appropriate medical care for donors. In the black market that now exists, donors do not have these protections.

Concern for the equity of organ transfer is sensible. But legalization of organ purchase and sale eases equity concerns in addition to making this market more efficient.