Suppose, I'm a surgeon, can I ask salary for kidney transplants?
Suppose, I invent a device so kidney patience can live normally without a transplantation.
Can I register a patent and receive royalties?
Yes I can, most people agree on that.
Now suppose that I do not have the capacities and/or financial recources to study to become a surgeon, but I am willing to avail one of my kidneys for a fee, to someone who needs a kidney. Would that make me a criminal?
Under current law, it's a criminal offence to sell my kidney.
But what makes me a criminal, while the surgeon is also making money on transplantation?
Don't we both ask for a fee?
According to the dutch Kidney Foundation, 200 people who need a kidney die every year. The waiting list for a postmortem kidney is about 4 years. although a person can easily live with only one kidney, there is a desperate shortage of donor kidneys. This is partly because it is a major surgery, but also due to ignorance and fear.
Imagine you are a kidney patient, you are covered for medical expenses, and you find a donor who charges a fee for his or her kidney. You discuss a price, any additional terms and all in all you both voluntarily agree to a transplant. Then you are engaged in organ trafficking, and although it is a life-saving organ trade, according to the law you are both criminal and punishable.
Without a law that bans organ trade, however, dozens or perhaps even hundreds of kidney patients wouldn't die every year. Thus, there is a lively "black market" in kidneys.