HUMAN ORGAN DONATIONS UNDER THE "IRANIAN MODEL": A REWARDING SCHEME FOR U.S. REGULATORY REFORM?

Organ donation; Reward (Law)

The National Organ Transplant Act has been unsuccessful in overcoming human organ shortages in the United States. There are calls for compensating human organ donations that refer to the "Iranian Model." The Iranian model is a compensated scheme for organ donations that is often mistakenly thought of as a "sale" of organs. The reality is, within the context of the Iranian legal system, the compensation is for the act of donation and is characterized as a contract of "reward." Given the specific regulations on the different forms of contract under the Iranian Civil Code, this characterization holds significant legal and ethical importance. A sale of human organs under the Civil Code would result in the immediate ownership of the organ by the purchaser, whereas this would be an absurd result under Iranian law. A proper understanding of the Iranian model is essential for potential regulatory reform in the United States. This paper sets out a precise clarification of the legal intricacies of human organ donations in Iran. [ABSTRACT FROM AUTHOR]

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