Regulating organ transplantation: a case for reform?

Organ transplantation has been one of the great medical miracles: from the first kidney transplant, through to Christian Barnard's first heart transplant in the 1960s, to face transplants. However, the need for organs for transplant has never been matched by a ready supply. It has been argued by some commentators that the shortage could be radically reduced or even eradicated by legal reform, such as the introduction of 'opt-out' legislation or a market in organs. This article explores the current law regulating organ transplantation and the case for reform. It suggests that to focus upon legal reform as a means of addressing the transplant 'crisis' may be an unduly simplistic response. The shortage of organs for transplantation cannot be easily resolved by a single piece of legislative reform.