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Which body parts should you be allowed to sell?

By | July 2, 2012, 11:48 AM PDT

Sperm. Plasma. Eggs. Hair. What do all these things have in common? They’re parts of your body you can legally sell in the United States. This last fall bone marrow joined that list says Alice Park of TIME.com.

Since 1984 the National Organ Transplantation Act (NOTA) has outlawed the sale of body organs, including bone marrow. But new bone marrow technology called aphoresis allows doctors to harvest marrow cells from the blood instead of the hip bones, as it was previously collected.

Plaintiffs last fall argued that this technique takes bone marrow out of the category of organs, and reclassifies it as a liquid. The U.S. Court of Appeals for the Ninth Circuit ruled in their favor, permitting the sale of bone marrow for up to $3000 USD in the form of a voucher.

Bone marrow is an important exception the pre-existing list of body parts legal to sell, Park points out:

For now, legally “sellable” human body parts aren’t ones that could be used to cure fatal diseases, which prevents a market frenzy. But if the bone-marrow case starts changing that — and experts say it could — it might jumpstart a dangerous trend in which lower-income groups were disproportionately targeted or incentivized to give up their marrow and people with rarer blood types demanded more money for their valuable cells.

But, Jeffrey Kahn, professor of bioethics and public policy at the Johns Hopkins University Berman Institute of Bioethics tells Park that he sees the bone marrow ruling as a policy experiment. If it promotes more people to donate much-needed bone marrow, “maybe we should think about this for other kinds of donations.”

For example, a number of U.S. patients already travel out of the country to obtain kidney transplants from donors matched online, Kahn says. At the moment this practice is highly unregulated and usually involves people from developing nations. Allowing such transactions within the U.S. could decrease their sketch factor.

Or, we could look to the donation models of other countries, Dr. Robert Klitzman, director of the bioethics program at Columbia University, tells Park. In Spain people all people are organ donors by default, they don’t have to opt in like they do in the U.S. Israel entices people to elect postmortem donorship by promising living family members priority on organ waitlists should they ever need one.

[via TIME.com]

[Photo: Timothy Vollmer/Flickr]

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Audrey Quinn

About Audrey Quinn

Audrey Quinn is a contributing editor for SmartPlanet.

Audrey Quinn

Audrey Quinn
Contributing Editor

Audrey Quinn is a multimedia science journalist based in Brooklyn, New York. She has corresponded for PRI's The World, Radiolab, Deutsche Welle's Living Planet, and a number of NPR affiliate stations. She also produces and hosts a podcast for the Mind Science Foundation. Previously, she performed neuroscience research at the University of Washington Autism Center and the Seattle VA Hospital.

Follow her on Twitter.

Audrey Quinn

Audrey Quinn

Audrey does not have financial holdings that would influence how or what she covers.

She writes for SmartPlanet and is not an employee of CBS.

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+7 Votes
+ -
I want to sell...
...my son's brain. He doesn't seem to be using it.
Posted by dmm99
3rd Jul
0 Votes
+ -
Helping to reduce the deficit
And the government could sell the constitution, as well!
Posted by FiOS-Dave
4th Aug
+3 Votes
+ -
Why $3000?
Why not $2,500? Or $3,653.24? What is it that makes selling your bone marrow immoral if it's for more than $3000?

You either embrace free market principles, or you don't.
Posted by JohnMcGrew@...
Updated - 3rd Jul
0 Votes
+ -
Morality
What do you mean? Anything is for sale and we have no ethical reason to object? I cannot believe you have thought through your comment....
Posted by boodrian
3rd Jul
+3 Votes
+ -
I don't understand your question either.
The U.S. Court of Appeals for the Ninth Circuit ruled in their favor, permitting the sale of bone marrow for up to $3000 USD in the form of a voucher.

The court set a limit on the amount that can be paid to a donor of $3000. Why did they choose that specific amount. Why wasn't it less. Why wasn't it more. What is the reasoning behind this specific amount, or any amount at all?

If it's okay to sell your bone marrow for $2999, why is it not okay to sell it for $3001?
Posted by JohnMcGrew@...
Updated - 3rd Jul
0 Votes
+ -
understanding the price
I hope that the price is somewhat tied to the medical costs of procuring, saving and using the "liquid bone marrow material". I am sure that there are some costs involved, and that taking it out of some one's body will entail some "down time" for the donor - lost work - transportation - and other incidentals.
Posted by LynnOpportunity
8th Jul
0 Votes
+ -
pricing
I hope that the price is somewhat tied to the medical costs of procuring, saving and using the "liquid bone marrow material". I am sure that there are some costs involved, and that taking it out of some one's body will entail some "down time" for the donor - lost work - transportation - and other incidentals.
Posted by LynnOpportunity
8th Jul
+2 Votes
+ -
Bone marrow
My wife and I have donated our bodies to science and donated our organs, skin, or whatever else we can in hopes of helping others. For us, it's the right thing to dol
Posted by mikeandhelen1127
3rd Jul
+1 Vote
+ -
Medical Donations
I sure hope you and your wife aren't too old, too fat or skinny, taking too many medications, or are mentally un-sound when you die mikeandhelen. My mother wanted to do the same thing, but was rejected by two medical schools (including her alma mater) before being accepted. Because she was taking meds and because she'd made her will less than ten years before she died of complications of alzheimer's/dementia/heart disease.
Posted by roselaurel
5th Jul
+1 Vote
+ -
What's the voucher for?
Is it a voucher for bone marrow, for yourself only, sometime in the future when you might need it? Or can you use it for anything, or sell it to someone else? I think that's the question to ask.
Posted by dmm99
3rd Jul
0 Votes
+ -
re: What's the voucher for?
Good question. The voucher system is considered a concession to the National Organ Transplantation Act. The idea is to make sure people aren't donating bone marrow as a means of livelihood. Vouchers can be used towards things like scholarships, education, housing or charity donations.
Posted by Audrey Quinn
3rd Jul
+2 Votes
+ -
So it seems...
...that our bodies really don't belong to us.
Posted by JohnMcGrew@...
Updated - 3rd Jul
+1 Vote
+ -
Re: So it seems...
Why do you say they don't belong to us? I didn't see anything stating we had to donate, or sell organs.....

However, I can already see those stories starting up again, about people getting drugged in a bar, and end up dead, or just about dead with an organ missing...
Posted by T-Wrench
3rd Jul
+3 Votes
+ -
If my body actually belonged to me...
...they I'd be able to sell whatever part of it I wanted for whatever price I could settle on. Appearently, that is not the case.
Posted by JohnMcGrew@...
4th Jul
0 Votes
+ -
Many haven't read or can't accept him
Some of us believe Mill was correct in what he wrote in "On Liberty," though we are declining in number.


"The object of this Essay is to assert one very simple principle, as entitled to govern absolutely the dealings of society with the individual in the way of compulsion and control, whether the means used be physical force in the form of legal penalties, or the moral coercion of public opinion. That principle is, that the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because, in the opinion of others, to do so would be wise, or even right... The only part of the conduct of anyone, for which he is amenable to society, is that which concerns others. In the part which merely concerns himself, his independence is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign."
Posted by Vazir Mukhtar
Updated - 3rd Jul
+1 Vote
+ -
slippery slope towards medical kidnappings
The problem of "involuntary" donation is already out there in some countries. Allowing more body parts to be sold will accelerate that trend.

When a person is kidnapped, and surgically operated on to take an organ, that is a huge problem. So far, it seems that many people have survived this atrocity because only 1-2 things are taken.

And in these cases, the kidnappers and their surgeon-in-cahoots earn the money. You don't get any money. And in fact, you may end up with medical problems, infections, or other issues later.

If more tissues and body parts were legal to sell, then I see that kidnappers would take a person and try to use as much as possible, thus killing them.

and if they are dead, they won't be able to complain to the government or authorities later either.

You can say you want the right to sell your own body parts, free market enterprise, and yadda yadda, but ALWAYS REMEMBER THE UNINTENDED CONSEQUENCES!
Posted by rivardau
Updated - 4th Jul
0 Votes
+ -
Kidnappings?
Wouldn't the fact that organs would become plentiful discourage that? I'm sure when I die, my children would say something like "Hey I don't want to have dad cut up and his organs harvested to save other people". Offer them a hundred grand and I'm sure they'd change their mind. Offer em a half million, and they'd probably help with the surgery. That's capitalism baby!
Posted by Common_Sense
7th Jul
0 Votes
+ -
My body my choice.
I believe this could be the path for more people to get healthcare and would solve problem we have with shortage of organs for transplant..

Instead of asking people to donate body organs, people should be free to trade their organs and body after their death in exchange for healthcare while they are alive.

I find it quite ironic that people like me who have signed donor cards all our lives would probably be passed over for transplant because we are without healthcare, do the doctors are nurses donate their time, no. Do the hospitals donate operating room, recovery or after care, no. Do drug companies donate anti-rejection drugs, no?

This could solve 2 problems we now have.
Posted by dennyinusa
4th Jul
0 Votes
+ -
CLONING
I have a feeling its going on out there, and as Technology Advances, and Societies keep Decaying, Cloning will become as acceptable as Lab Testing on Animals. Mostly as we live longer and drugs become less and less effective. Then theres the Money factor, if One has the Money, One can get it !
Posted by sightsandsounds
7th Jul
0 Votes
+ -
Sellilng body parts
Prostitutes have been doing this for ages... and it's illegal in most places.
Posted by bb_apptix
9th Jul
0 Votes
+ -
Not true!
No, they only rent! They actually make out (no pun intended) rather well, in that they get remuneration as well as material that they can sell to the local sperm bank.
Posted by FiOS-Dave
Updated - 4th Aug
0 Votes
+ -
I can give it away, but not sell it?
Any one of us can donate a kidney to a relative or friend as long as you are a match. It's perfectly legal and you only have to sign a few consent forms. Now, what's the problem with a person who needs a kidney finding a person willing to sell their kidney to him? As long as you are a match, and you agree on a price, there shouldn't be a problem. As far as kidnappings to "fund" the black market organ trade that will "happen" if people are allowed to sell their organs is bogus. There would also be regulations in place, I'm sure, and you couldn't just walk into a hospital with an organ and expect them to just cut you open and stick it in.
Posted by shannonknable
20th Apr
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