Kara Sears
The sale of human remains is a surprisingly common practice, with a single body generating hundreds of thousands of dollars in revenue. Despite this, there is very little federal law regarding the sale of the dead. In the US, the sale of organs and tissue for transplantation is prohibited, but no federal law governs the sale of cadavers or body parts for use in research or education. Instead, the majority of laws regarding the dead are state laws, which vary significantly. While some states have laws prohibiting the sale of human remains, in almost every state it is legal to sell the human remains of adults. This has led to a lucrative industry of body brokers who acquire dead bodies, dissect them, and sell the parts for profit.
| Characteristics | Values |
|---|---|
| Selling dead bodies for profit is illegal in some states | Florida, Georgia, Massachusetts, Missouri, New Hampshire |
| Selling dead bodies for profit is illegal under certain circumstances in some states | North Carolina, Kentucky, Tennessee |
| Selling dead bodies for profit is legal in some states | California, Nevada, Oklahoma |
| Selling dead bodies for profit is legal in most states | N/A |
| Selling dead bodies for profit is not regulated by federal law | N/A |
| Selling dead bodies for profit is regulated by state law | N/A |
| Selling dead bodies for profit is considered unethical | N/A |
| Selling dead bodies for profit is a lucrative business | N/A |
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What You'll Learn
In the US, it is legal to sell human remains
The lack of federal law governing the sale of cadavers or body parts for use in research or education has resulted in a largely unregulated national market. This has led to concerns about the ethical and legal implications of selling human remains. Some people donate their bodies or those of their loved ones to "body brokers," believing they are contributing to science, when in fact, they are also contributing to commerce. These body brokers, or non-transplant tissue banks, dissect and sell the body parts for profit, with little to no regulatory oversight.
While it is difficult to determine how human remains enter the retail stream, there are a few explicitly illegal methods of obtaining them, such as grave robbery, which is outlawed in nearly every state. Additionally, selling human remains for private medical use is prohibited under the 1980s ban. However, there is a grey area regarding the trade of medical skeletons from India, which is technically illegal but often ignored by the government.
The disposition of human bodies raises ethical and legal questions. While there is no federal law prohibiting the sale of human remains, there are state laws that vary significantly. For example, Kentucky and Tennessee have adopted the Revised Uniform Anatomical Gift Act, which details how a dead body can be used after being "donated to science." In seven states, human composting, or natural organic reduction, is permitted as an alternative to burial or cremation.
While it may be legal to sell human remains in certain states, it is important to consider the ethical implications and the potential for exploitation or illegal activity in the absence of regulation.
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There is very little federal law regarding the dead
The vast majority of laws concerning the deceased are state laws, which vary significantly. Grave robbery, for example, is specifically outlawed in almost every state. The sale of human remains is expressly illegal in only eight states: Florida, Georgia, Massachusetts, Missouri, and New Hampshire. In more than two dozen other states, it is illegal to sell human remains only under certain circumstances. For instance, it is illegal in North Carolina to "knowingly exhibit or sell any human skeletal remains from unmarked burials." However, this specific phrasing means that North Carolina law cannot be applied to the sale of body parts other than skeletal remains.
The lack of federal law and inconsistent state laws have led to a largely unregulated market for human bodies and body parts. "Body brokers" or "non-transplant tissue banks" acquire dead bodies, dissect them, and sell the parts for profit to medical researchers, training organizations, and other buyers. While the organ and tissue transplant industry is highly regulated by the US government, the sale of cadavers or body parts for research or education is not governed by federal law.
The distinction between transplant organs and non-transplant body parts is important because it results in far less oversight for body brokers. Reuters found that only 10 states regulate body brokers, and only a few of those states closely inspect them. This lack of regulation has led to cases such as Detroit body broker Arthur Rathburn, who supplied doctors with body parts infected with hepatitis and HIV.
The sale of human remains is a lucrative business, with a single dead body generating an estimated $551,473 in revenue when parsed out. However, it is important to note that individuals cannot legally sell their bodies, as a person's property rights cease at death.
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Grave robbery is illegal in nearly every state
Grave robbery, or the act of stealing human remains and artefacts from graves, is illegal in nearly every state in the US. Grave robbery has been a problem since the 1800s, when medical schools began teaching students through anatomical dissection. At the time, it was common for medical students to obtain corpses for dissection and research. This practice continued until the late nineteenth century when laws were introduced to regulate the supply of cadavers for medical research.
In the US, grave robbery is not prohibited under federal law, but state laws make it illegal to sell human remains in certain circumstances. For example, in North Carolina, it is a crime to "knowingly exhibit or sell any human skeletal remains from unmarked burials". However, this specific phrasing means that North Carolina law cannot be applied to the sale of body parts other than skeletal remains.
In Kentucky and Tennessee, the Revised Uniform Anatomical Gift Act details how a dead body can be used after being "donated to science." According to Kentucky's rules, "the sale or purchase of parts [is] prohibited." However, body brokers claim to operate as "non-transplant anatomical tissue banks" and argue that they are charging for transportation and processing rather than selling body parts.
The lack of federal law and inconsistent state laws regarding the sale of human remains have led to a lucrative and largely unregulated market for body brokers. These companies acquire dead bodies, dissect them, and sell the parts for profit to medical researchers, training organizations, and other buyers. While some argue for increased oversight and transparency in the industry, others defend the practice as contributing to scientific advancement.
The illegal market for human remains has caused difficulties for scholars in archaeology, art history, and history, as valuable grave sites and tombs have been looted and their artefacts sold on the black market. Grave robbery has also been a tool of colonial violence, as seen in the case of Aboriginal Australians, where their burial sites were viewed as sites of scientific curiosity, and their remains were used to advance racist and pseudoscientific theories.
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Body brokers are distinct from the organ and tissue transplant industry
There is a lack of federal law in the United States regarding the sale of human remains. While there are some laws that regulate the disposition of corpses, the sale of cadavers or body parts for research or education is not governed by any federal legislation. This has led to a thriving, largely unregulated market for human bodies and body parts, where abuses are common.
Body brokers, also known as non-transplant tissue banks, are businesses or individuals that acquire, dissect, and sell human bodies and body parts. They are distinct from the organ and tissue transplant industry, which is heavily regulated by the US government. While selling hearts, kidneys, and tendons for transplantation is illegal, there are no such restrictions on the sale of cadavers or body parts for non-transplant purposes.
The body broker industry operates with little oversight, and the lack of consistent laws or a clear oversight authority at the local, state, or national level has led to a situation where anyone, regardless of expertise, can dissect and sell human body parts. This has resulted in cases of unethical and fraudulent behaviour, such as supplying infected body parts to unsuspecting doctors, obtaining bodies under false pretences, and failing to properly store and handle human remains.
The body broker industry often sources bodies through donations, with families choosing to donate their loved one's remains due to the high costs of funeral arrangements. While body brokers claim to operate as non-profit organisations, they often generate significant revenue from the sale of body parts.
The distinct lack of regulation in the body broker industry, as compared to the highly regulated organ and tissue transplant industry, has led to calls for increased oversight and the development of uniform state laws to protect donors and ensure ethical practices.
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In most states, it is illegal to sell unlawfully obtained human remains
In the US, the sale of human remains is a complex issue that is governed primarily by state laws, which vary significantly. While federal law does not explicitly prohibit the sale of human remains, the legality of selling bodies and body parts depends on the specific state's legislation and regulations.
The distinction between transplant organs and non-transplant body parts is crucial. Transplant organs, such as hearts and kidneys, and tissue, like skin and bone, are highly regulated and monitored. On the other hand, non-transplant body parts, such as torsos, shoulders, and heads, are not subject to the same level of regulation in most states. This discrepancy has led to a lucrative business for "body brokers," who acquire, dissect, and sell bodies and body parts for profit, often with little to no regulatory oversight.
The lack of comprehensive federal and state laws governing the sale of human remains has resulted in a largely unregulated market. This situation is further exacerbated by the limited legal options available to individuals who wish to arrange for the sale of their remains. While some states, like California, have laws prohibiting the sale of human remains, enforcement can be challenging, as seen in the UCLA scandal.
To address these issues, legal experts and academics have called for increased oversight and the implementation of laws to protect donors and regulate the activities of body brokers. Regular inspections of facilities and reviews of donor consent forms have been suggested as potential solutions to ensure ethical practices in the industry.
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Frequently asked questions
It is not illegal to sell human remains under federal law. However, the sale of human remains is illegal in at least eight states, including Florida, Georgia, Massachusetts, and Missouri.
It is illegal to sell human fetuses. In most states, it is illegal to sell transplant organs, such as hearts and kidneys, and tissue, such as skin and bone. However, in almost every state, it is legal to sell whole cadavers or parts like torsos, shoulders, and heads.
The Federal Trade Commission's Funeral Rule requires funeral homes to provide certain disclosures to consumers. The Uniform Anatomical Gift Act (UAGA) is a model law that outlines who can donate a body or organ for transplant and which organizations can receive these gifts. However, it does not directly regulate body brokers.
Body brokers, also known as non-transplant tissue banks, acquire dead bodies, dissect them, and sell the parts for profit to medical researchers, training organizations, and other buyers. While the sale of body parts by body brokers is legal in most states, their operations are largely unregulated, leading to ethical concerns and cases of misconduct.
Legal experts disagree. Some argue that it is not possible because a person's property rights over their body cease at death. Others contend that donating a body to science may include receiving a free cremation or other forms of payment in return.
