Can an organ truly be free?
Likewise, for many gift givers, a generous gift often feels like it might yield some durable consideration, like friendship, even if this is not an explicit or formal agreement. Francia may lament that her friendship with Selena has declined, despite the bond she expected would be formed around the kidney donation. If so, her expectation would be supported by common understandings of the gift—but not by organ donation law.
Indeed, the law is careful to eliminate any possibility of future obligation, including payment, in part because federal law prohibits the purchase or sale of organs. One might imagine that it would be inappropriate, for example, to consider contract law as a legal framework for organ donation. For a contract to be legally binding, there must be “consideration” payment for the promise to transfer something—like money or friendship—from one individual to another.
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