Document Type
Note
Abstract
The global shortage of viable organs for transplantation, exacerbated by the COVID-19 pandemic, highlights a stark contrast between organ donation systems, particularly evident in the United States and Iran. While the United States relies on an altruistic donation system, resulting in millions on its waiting list, Iran's compensation-based approach has nearly eradicated its waitlist. The legal framework of the United States, shaped by property law, historical views on the human body, and federal statutes, complicates its approach to organ donation. The reluctance to grant individual rights to body parts hampers success compared to Iran’s incentivization approach. Beyond learning from Iran’s legalized organ market, this Note argues that the United States should grant complete ownership rights in organs to the individual to provide more viable organs, promote autonomy, punish discriminatory behavior, and expand legal protections for the individual. Much like Dr. Frankenstein, the United States can no longer ignore the consequences of its own creation.
Recommended Citation
Larkin Carden,
Let’s Play God: Commodifying the Human Body,
52
Ga. J. Int’l & Compar. L.
157
(2024).
Available at:
https://digitalcommons.law.uga.edu/gjicl/vol52/iss1/4