Organ Donation Chains — The Federal Government Speaks

Earlier on this blog, I discussed the concept of a “kidney chain.”  This technique has recently received the approval of the Department of Health and Human Services in its March 28, 2007 memorandum opinion entitled Legality of Alternative Organ Donation Practices Under 42 U.S.C. § 274(e).

Here is the summary of the opinion:

Two alternative kidney donation practices, in which a living donor who is incompatible with his intended recipient donates a kidney to a stranger in exchange for the intended recipient’s receiving a kidney from another donor or increased priority on a waiting list, do not violate the prohibition on transfers of organs for “valuable consideration” in 42 U.S.C. § 274e.

Special thanks to David Undis, founder of Lifesharers, for bringing this opinion to my attention.