Legal Definitions - National Organ Transplant Act

The National Organ Transplant Act (NOTA) is a United States federal law enacted in 1984. Its primary purpose is to prohibit the commercial buying and selling of human organs for transplantation. This law ensures that organs are donated altruistically based on medical need and compatibility, rather than being treated as commodities that can be bought or sold for profit. NOTA also played a crucial role in establishing the national system for organ donation and transplantation in the U.S.

Here are some examples illustrating the application of the National Organ Transplant Act:

• Example 1: Direct Sale of an Organ

  A person facing severe financial hardship posts an advertisement online offering to sell one of their kidneys for $75,000 to cover their debts. If someone were to respond and agree to purchase the kidney, both the seller and the buyer would be in violation of the NOTA.

  Explanation: This scenario directly illustrates the core prohibition of the NOTA, which bans the explicit commercial transaction (buying and selling for money) of a human organ for transplant purposes.

• Example 2: Facilitating Organ Sales

  A startup company attempts to launch a website that acts as a marketplace, connecting individuals willing to pay for an organ with potential donors who would receive a "finder's fee" or "compensation" for their donation. The company itself would take a percentage of the transaction.

  Explanation: The NOTA prohibits not only the direct sale of organs but also the facilitation or brokerage of such transactions. This company's platform would be illegal because it creates a system for the commercial exchange of human organs, which the law aims to prevent.

• Example 3: Indirect Payment or Inducement for Donation

  A wealthy patient in urgent need of a liver transplant offers to pay off a potential donor's entire student loan debt in exchange for their liver. The donor agrees, seeing it as a way to clear their financial burden.

  Explanation: Even if the payment isn't direct cash for the organ, providing a significant financial benefit, such as paying off a large debt, in exchange for an organ donation is considered a commercial transaction or an illegal inducement for sale under the NOTA. The law aims to ensure that organ donation decisions are made altruistically, free from financial influence.