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Gianna Serafini

ENG 106

Professor Silver

May 6, 2020

Ethical Organ Donations

Organ donations continue to benefit millions of people across the world. These donations

save the lives of many people annually. According to Health Resources and Services

Administration, 39,718 people received an organ transplant and lived to see another day (2020,

p.1). However, organ donations do not always exemplify ethical conduct. The lack of ethics in an

organ donation makes the donation unacceptable. The question arises of what makes an organ

donation ethical? Many factors come into play in order for an ethical organ donation. The case

named “My Sister’s Keeper” unlocks a story proving that not all organ donations are ethical.

Organ donations allow many people to benefit from a second chance at life, but only when the

donation exemplifies ethical practices such as respecting the donators wishes, obeying the

families wishes, and seeking the overall best option for the family involved."

The case “My Sister’s Keeper, revealed the harsh realities of some organ donations. A

family with a young daughter, named Kate battles Leukemia and requires blood, bone marrow

and kidney transplants. The doctors, unable to find genetically modified organs and fluids that

fits the young girl’s needs, suggested that the family finds a family member with the same

genetics as Kate that can donate blood and bone marrow to her. The family hatches the plan to

birth a new child as Kate’s donor. Anna, the donor child, becomes fully aware at a young age

that she only has one purpose in the world, providing her sister with her needed organs and

bodily fluids. Anna eventually sues her own parents with the help of Kate for the rights of her
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own body. The issue with this case consists of the donation of organs against a minor’s will, the

use of another human solely for the purpose of organ donations, and the unethical practices

preformed. These unethical practices can harm many people in the world, rather than benefitting

those in need.

Respecting the family wishes comes with repercussions of minors. Families show a

constant state of grief when a close loved one passes away. The pain of losing someone does not

cease to exist. Throwing in other factors such as organ donation right away following the death,

heightens emotions quickly. If a person signs up to be an organ donor when they receive their

license, the heart placed on the individuals license ensures that if the person becomes

incapacitated or brain dead, the removal of their organs for use of donation will occur if the

donor surpasses the legal age of eighteen. This reality hits hard for the family of the donator if

differing opinions occur. An assistant medical professor at the University of Chicago stated

“When a deadly accident hits, the family is in a state of shock, then out of nowhere, a total

stranger comes up to say their son or daughter wanted to be an organ donor and the family often

find it difficult to process the information in this time of emotional upheaval” (W. James Chon,

MD, 2013). Organ donations create an uneasy feeling for the family involved. However, if the

person donating organs is a minor those laws change. The parents have full legality over the

child which allowed Anna subject to donating her organs against her will. The family believed

that their only chance to save Kate’s life started with Anna’s organs, blood, and bone marrow.

The minor, Anna, having no say over parental authority in the donation of their own organs

leaves them with no choice but to listen to their parent or guardian’s wishes and comply in order

to “benefit” others. Unethical wishes received from guardians shows the unethical practices in

organ donations.
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Respecting the donator’s wishes shows just as much importance as the families, if not

more. Minor’s not having a say in the transplant of their own organs raises a large issue. Voices

in Bioethics stated that “consent from the minor’s parents or legal guardian is a necessary

condition to allow the donation of organs among living minors. As this requirement seems only

natural and obvious, informed consent for living organ donation among minors presents many

ethical gray areas, and can easily become a form of abuse at the expense of the child or children

in question” (2017, July 10). Anna experienced this abuse that researchers in bioethics stated.

Statistics prove that a person under the age of eighteen has cloudy judgement and cannot always

make proper decisions for themselves, so why was Anna placed in this situation? In the case of

organ donations of a minor, the child should have a say in the donation because they do not fully

understand what they are doing at such a young age and can be greatly impacted emotionally and

physically after the donation. Voices in Bioethics also stated that “minors who donate major

organs may experience a sense of “lower self-esteem, a sense of neglect, and lack of appreciation

after the donation. This is especially true among minors of the same family” (2017, July 10).

Anna forced into saving her sister’s life, did not get love and support from her family during the

process because her only purpose of life was to provide for her older and favored sister. The

impact on life that this young child faced will affect her for the rest of her life. This sad reality

many people realized when this case became known. The inability for Anna to make her own

decisions about her body raises a red flag in this organ donation, proving that unethical practices

do exist.

Organ donations must seek the overall best option for the family. Doctors face this

challenge daily to find out the best option for a family with a sick member. This case proves that

the best option for the family was to create a new child with the same genetics as their sick
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daughter with cancer in order to save her life. The best option for Anna was to seek out legal

authority against her parents for the rights of her own body. The family truly believed that using

Anna’s body was the best option for their family. However, that option the family believed shows

unethical practices of organ donation. Kate eventually passed away during the legal process of

Anna’s rights to her own body which closed the case because Anna’s organs were no longer

needed for Kate. The question of whether Anna’s mental stability after the donation comes to

question regarding the best option for her comes to play. An article from the American Academy

of Pediatrics stated that rules must be followed in order for a minor to successfully donate their

organs, especially to another family member. “Condition 1 also implies that minors should not be

asked to serve as living donors in cases in which the likelihood of success is low. The

justification for this restriction is to reduce the psychological burden that the child donor may

experience if the donation fails” (Ross, n.d.). The survival rate for Kate was low and the family

knew that putting Anna in such a vulnerable situation would put her at many risks. Losing her

sister to Leukemia affected her greatly after the donation of her organs. The organ donation

system needs refining and an ethical check.

A similar case of My Sister’s Keeper came to light in 1969, Strunk v Strunk. In this case,

a twenty-seven year old male, Jerry, who was mentally ill and handicapped, was told to donate

his kidneys to his older brother Tommy by his family in order to save Tommy from a kidney

disease. Jerry, unable to make decisions for himself was forced into this donation because of

parental authority. He had an IQ level of thirty-five and the mental age of a six year old (Strunk v

Strunk, n.d.) making him very unfit for this organ donation. The parents pushed for a court order

to seek out this transplant. In a court ruling, the judge deemed that it was necessary for Jerry to

donate his organs to his brother based on Tommy’s need of the vital organs and because of their
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co-dependence on one another in life. Jerry was dependent on Tommy throughout his life

because of his disabilities. Although in this case, the boys were not minors and were above the

age of consent, it still shows that organ donations come with unethical outcomes that force

family’s into the organ donation process against their will and freedom.

Organ donation comes with big risk factors and a lot of grief and upheaval. The family

becomes placed in a terrible situation between saving their loved ones or going against their own

ethics and morals in some cases. The My Sister’s Keeper case does not meet the ethical criteria

set in place for an ethical organ donation in any way, shape, or form because of the many

unethical practices undergone. Forcing a person to donate against their will should be deemed

illegal even if the person is a minor and a life could be saved. Each person has their own right to

their body. A person under the age of eighteen should have full control over what happens with

their body under any circumstances. This case shows that the family used a child just for her

organs and did not care about anything else other than saving their sick child with cancer. Organ

donations need a deep assessment of ethics and morals before being performed.
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Resources

Bioethics, V. I. (2017, July 10). My Sister's Keeper: An Assessment of Living Organ Donation

among Minors. Retrieved from

http://www.voicesinbioethics.net/voices-in-bioethics/2017/7/10/my-sisters-keeper-an-

assessment-of-lving-organ-donation-among-minors

Organ Donation Statistics. (2020, May 5). Retrieved from

https://www.organdonor.gov/statistics-stories/statistics.html

Person. (2013, November 25). When the living and the deceased dont agree on organ donation.

Retrieved from https://www.uchicagomedicine.org/forefront/news/when-the-living-and-

the-deceased-dont-agree-on-organ-donation

Ross, L. J. (n.d.). Minors as Living Solid-Organ Donors. Retrieved from

https://pediatrics.aapublications.org/content/pediatrics/122/2/454.full.pdf

Strunk v. Strunk. (n.d.). Retrieved from

https://law.justia.com/cases/kentucky/court-of-appeals/1969/445-s-w-2d-145-1.html
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