Alternative Models to Voluntary Organ and Tissue Donation

Presumed Consent for Organ Donation

Abstract

This paper will discuss the major historical efforts to legislate organ transplantation in the United States. In addition to discussing the problems found within the current system of voluntary donation, this paper will provide an overview of three alternative approaches: (1) changing the legal definition of death to include anencephalic infants as potential donors (2) commercialization, and (3) the presumed consent model of organ donation.

Introduction

Several years of lengthy and scholarly debate were taken into careful consideration before Congress drafted the first version of the Uniform Anatomical Gift Act in 1968 (UAGA). Despite this extraordinary undertaking, the new legislation failed to live up to its expectations.[1] "The UAGA (1968) made a variety of advances in the law of organ donation, standardizing the process and removing some uncertainties about the scope of permissible donations," (Jaffe, 1990).

The UAGA failed in its mission to develop and implement standardized procedures involved of organ procurement and donation.[2] Problems with ineffective implementation of the Uniform Anatomical Gift Act undermined the intended purpose of the legislation, and it has been difficult to regulate compliance with the procedures set forth by the UAGA. Ultimately, the legislation did not have any noticeable effect on the supply of transplantable organs, and policy makers continue to look for a solution to the severe shortage of organs in the United States.

The Problem Statement

The United States is in the midst of a severe shortage of transplantable organs. Over the last several years, medical technology has advanced rapidly enough to make organ transplants a "standard" procedure. The medical community has been unable to meet the demands of the growing list of individuals who would benefit from transplantation.