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ABA Family Legal Guide

Health-Care Law

Specific Issues in Health Care

Organ Donation

Can I sell an organ?

No. The National Organ Transplant Act (NOTA), a federal law, makes it illegal to buy or sell organs for profit. You can be sentenced to five years in prison or a $50,000 fine, or both. It is also illegal under the law of most states to sell organs for profit. If you donate your organs, though, you can be reimbursed for some of the costs involved. For example, if you donate one of your kidneys, it is most likely legal for you to accept payment for your lost wages and medical expenses. Pennsylvania offers a few hundred dollars to the families of deceased organ donors to cover funeral expenses. The amount of these payments must be reasonable. Anything outlandish would be considered profit, which is not legal.

American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association
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