Technological developments enabling transplants aroused numerous questions in various fields. To name but a few: who is authorized to determine the time of death for harvesting organs from the deceased? Can we harvest the organs of an individual that did not inform his position with respect to transplants prior to his death? Is it acceptable to permit organ donation in exchange for a reward? The draft legislation addresses, among other things, the last issue. As stated, we are involved in regulating organ transplants through legislation, however it is important to remember that the central question in this matter is essentially moral and ethical, examining our willingness as a society to permit organ donations in exchange for compensation. The danger is clear – granting a material reward for organs will pave the way for organ trading and when individuals donate their organs for financial reasons two classes may emerge – organ donors and organ recipients.

Democratic society, which is a society that does not impose its will on the individual, deems it necessary to intervene in various matters and to formulate clear norms with respect to them. Therefore, the legislator is justified in acting to regulate the issue and delineating its boundaries. The need for legislation is heightened in light of criticism in the world directed towards Israel that maintains that the scope of organ trading is Israel is significant.