Organ Trade - Illegal Organ Trade

Illegal Organ Trade

According to the World Health Organization (WHO), illegal organ trade occurs when organs are removed from the body for the purpose of commercial transactions. The WHO justifies these actions by stating that, “Payment for…organs is likely to take unfair advantage of the poorest and most vulnerable groups, undermines altruistic donation and leads to profiteering and human trafficking.” Despite these ordinances, it was estimated that 5% of all organ recipients engaged in commercial organ transplant in 2005. Research indicates that illegal organ trade is on the rise, with a recent report by Global Financial Integrity estimating that the illegal organ trade generates profits between $600 mill and $1.2 billion per year with a span over many countries, including but not limited to

• India
• South Africa
• the Philippines
• Israel
• Colombia
• the Balkan Region
• Turkey
• Eastern Europe
• United States of America
• United Kingdom
• Macedonia
• Canada

Poverty and loopholes in legislation contribute to the illegal trade of organs. Poverty is seen in all countries with a large black market for organs. This, however, is not the only factor affecting illegal organ markets - some of the poorest countries in the world do not engage in organ trade. Legislation is another contributing factor in the illegal organ trade, especially legislation with loopholes. For example, India's Transplantation of Human Organs Act (THOA) requires that an organ donor must be a relative, spouse, or an individual donating for reasons of "affection." Oftentimes, claims of "affection" are unfounded and the organ donor has no connection to the recipient. Monetary transactions for organs are illegal in India currently, but there are no laws concerning funds given to a spouse. The spousal inclusion provides a loophole for illegal trade; in some cases organ donors marry the recipient to avoid legal penalty.