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Transplant Tourism: The Ethics and Regulation of International Markets for Organs

Published online by Cambridge University Press:  01 January 2021

I. Glenn Cohen
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“Medical Tourism” is the travel of residents of one country to another country for treatment. In this article I focus on travel abroad to purchase organs for transplant, what I will call “Transplant Tourism.” With the exception of Iran, organ sale is illegal across the globe, but many destination countries have thriving black markets, either due to their willful failure to police the practice or more good faith lack of resources to detect it. I focus on the sale of kidneys, the most common subject of transplant tourism, though much of what I say could be applied to other organs as well. Part I briefly reviews some data on sellers, recipients, and brokers. Part II discusses the bioethical issues posed by the trade, and Part III focuses on potential regulation to deal with these issues.

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Symposium
Information
Journal of Law, Medicine & Ethics , Volume 41 , Issue 1 , Spring 2013 , pp. 269 - 285
Copyright
Copyright © American Society of Law, Medicine and Ethics 2013

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References

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A prohibition on transplant tourism might also be thought to be justified on the ground that it seems unfair for us to prohibit our citizens from buying organs from our citizens but allow our citizens to buy from poor Indians, or Pakistanis, increasing their exploitation. I have discussed a similar argument as to surrogacy elsewhere, and pressed on whether a home country's obligation to prevent the exploitation by its citizens of its own citizens is the same as the exploitation by its citizens of foreign individuals. See Cohen, , “Circumvention Tourism,” supra note 1.Google Scholar
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