Argumentative Essay: The Ethics Of Organ Donation

Organ sales and donation are a controversial topic that many individuals cannot seem to agree upon. However, if someone close; a family member, friend, or someone important in life needed a transplant, would that mindset change? There are over one hundred and nineteen thousand men, women, and children currently waiting on the transplant list, and twenty-two of them die each day waiting for a transplant (Organ, 2015). The numbers do not lie. Something needs to be done to ensure a second chance at life for these individuals. Unfortunately, organ sales are illegal per federal law and deemed immoral. Why is it the government’s choice what individuals do with their own body? Organ sales can be considered an ethical practice when all sides of the story are examined. There are a few meanings to the word ethical in this situation; first, it would boost the supply for the

ever-increasing demand for organs, decrease abduction and murder for black market sales, and increase and support America's economy.
In a CBS news article, Ethical dilemmas surround those willing to sell, buy kidneys on the black market, the topic of ethics is discussed. There is mention of the first-ever proven case of organ trafficking in the United States in which Levy Izhak Rosenbaum pleaded guilty to in 2009. Levy sold U.S. residents organs from donors in Israel for a hundred and twenty thousand dollars or more (Castillo, 2013). The argument goes back and forth in regards to organ selling and donation with the main point that Levy was saving lives while both parties were fully aware of the risks and complications. Yes, organ sales should be legal and considered ethical with mutual consent.
The first criterion for deeming organ sales as ethical is creating a supply for the ever-increasing demand, allowing more lives to be saved. Every ten minutes another person is added to the list (Organ, 2015). Many individuals do not realize how easy it is to become an organ donor in America. Checking a box at the DMV and signing a donor card will allow an individual to become an organ donor. Not only is it easy, but also, one person can save up to eight lives (Organ, 2015). That is remarkable. Barnet, Blair, and Kaserman explain that “the current legal restriction on the purchase and sale of cadaveric organs should be lifted. This relatively simple alteration of our public policy would eliminate the organ shortage and, thereby, save thousands of lives each year” (1996). As long as the donor is aware of the complications and other issues that may root from donating an organ, the consensual agreement and right of one’s own body should be enough to allow organ sales and be deemed ethical.
With such a demand for human organs, the black market of organ trafficking is thriving. This is where the second criteria of the definition of ethical come in. Individuals in foreign countries are being abducted and some brutally murdered in order for criminals to steal and sell their organs for personal profit. This is opposite of ethical; it is immoral, illegal, and needs to be managed. Bowden bluntly says, “the growing need for organs in the United States has created a black-market economy for organ trade and trafficking” (2013, p.471). In America, individuals are compensated for donating blood, semen, and eggs. Why would this compensation not apply to organ sales? By allowing organ sales, people will be more willing to sell them with the knowledge that there is compensation involved and it is done legally in a controlled environment. Ric Esther Bienstock directed a documentary titled “Tales of the Organ Trade”. Her discussion in the article claims that she has done much research on the topic and feels if “we regulated the black market, more donors would be correctly informed about the risks and undergo the proper medical and psychological screenings that would be necessary to donate an organ” (Castillo, 2013). Black market criminal activity is rarely spoken about in mainstream media and “evidence of the crimes rarely is traceable because donors are often killed to enable vital organs to be removed and delivered swiftly to those depending on them to live” (Bowden, 2013). The crimes happening behind closed doors are unethical and can be stopped by changing the current restrictions on organ sales. Bowden goes on to explain that “statistics show that the United States is a leading country for international organ imports” (2013, p.471). Other countries are illegally harming individuals and profiting while Americans are waiting tirelessly on the donor list and are desperate for life.
The third criteria, generating money for the United States economy, rather than black market criminals, is the definition of ethics in this scenario. Countless dollars are being thrown into the black market, while America’s economy could be boosted by receiving the money instead if organ sales were legal. Many will argue that organ sales will only create a bidding war and, of course, low-income individuals will be priced-out while the wealthy will win. However, this is not the case. Scott and Block make the statement, “let the free market drive organ procurement and transplantation with the buying and selling of organs. This would increase the total number of quality organs to the level of demand and reduce the total cost of transplantation” (2011). Many plans can be put into play, but a huge success would be lowering the rate that a transplantation costs, allowing all individuals, not just the wealthy, to have a shot at receiving a lifesaving organ. Another great point made by Scott and Block is that “in order for the U.S. to save its citizens' lives, it must allow the free market to do what it does best” (2011). The government has intervened in the market of organ sales for too long and look how well it is going. American citizens should have the right to choose what is done with their body and how to go about the donation or sale of organs.
The case of whether organ sales should be considered ethical and legal is a tough decision for many, hence the on-going controversy.

There are many arguments against it; organ sale is extremely dangerous, there will never be enough supply for the demand, whether legal or not, the black market will still exist, it is immoral, etc. In the Stanford Encyclopedia of Philosophy, Radcliffe Richards, a philosopher, says “living organ donation is now so safe that many surgeons actively recommend it, and they would hardly do that if they expected a string of dead or damaged donors” (Wilkinson, 2011). As for the black market, “the best way of avoiding harm to organ vendors is not to criminalize and drive sale underground but rather to accept and regulate it” (Wilkinson, 2011). Prohibition is a good example of how the government banned alcohol and then realized that people were going to drink it anyway. Instead of pretending that it was not happening, prohibition was lifted and laws were put in place to regulate the sale and consumption. Although it will be a difficult process, the same can happen for organ

sales.
By creating a regulated organ sales market, the United States can manage the lack of supply of organs, reduce black market criminal activity, and boost its own economy. As mentioned in the case above, Levy Izhak Rosenbaum illegally sold U.S. residents kidneys from Israel for a high price. Individuals are opted to do what needs to be done in order to save the life of a loved one, or even themselves, legal or not. Regulation and mutual consent of organ sales is an ethical decision that will help solve America’s organ shortage, reduce the high number of individual’s waiting on the donation list, and diminish criminal activity, but most of all, it will give hope to all of the men, women, and children waiting for a second chance at life.