New York Consolidated Laws

N.Y. Public Health Law § 4307 (2026)

Prohibition of sales and purchases of human organs

✓ current as of May 2026

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§ 4307. Prohibition of sales and purchases of human organs. 1. It
shall be unlawful for any person to knowingly acquire, receive, or
otherwise transfer for valuable consideration any part for use in human
transplantation. The term "valuable consideration" does not include the
reasonable payments associated with the removal, transportation,
implantation, processing, preservation, quality control, and storage of
a part or the expenses of travel, housing, and lost wages incurred by
the donor of a human part in connection with the donation of the part or
living donation. Any person who violates this section shall be guilty of
a class E felony.
  2. For the purposes of this section, the donation of a kidney or other
organ from a live donor for transplantation into an individual
conditioned upon the donation and transplantation of a similar organ
into an individual specified by the donor shall not, in and of itself,
be considered to be "valuable consideration" provided that such donation
and transplant are performed in accordance with other applicable laws,
rules and regulations, including any specific rules and regulations the
commissioner may adopt, with the advice and consent of the transplant
council, with respect to such conditional donations. No individual may
make a donation conditioned upon the race, color, creed, national origin
or religious affiliation of the recipient, and no hospital, organ
procurement organization, tissue bank, physician or other professional
may participate in the performance of any procedure or otherwise
facilitate the donation and/or transfer of organs and/or tissue
conditioned on such factors.

Notes of Decisions

Cited in 3 cases, 2005–2015 · leading case: Colavito v. New York Organ Donor Network, Inc., 438 F.3d 214 (2d Cir. 2006).

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Colavito v. New York Organ Donor Network, Inc., 438 F.3d 214 (2d Cir. 2006). “See N.Y. Public Health Law § 4307 . But the fact that the State wishes to prohibit the treatment of functioning human organs as though they were commodities does not necessarily imply that it also intends that no one can acquire a property right in them.”

Drever v. State of New York, 134 A.D.3d 19 (N.Y. App. Div. 2015). “Article 43, among other things, describes who may be a donor or donee of an anatomical gift (see Public Health Law §§ 4301, 4302), specifies how a gift may be executed or revoked (see Public Health Law §§ 4303-4305) and expressly prohibits the exchange of valuable consideration…”

Colavito v. New York Organ Donor Network, Inc., 356 F. Supp. 2d 237 (E.D.N.Y 2005). “AMOUNT IN CONTROVERSY Defendants argue that plaintiff has not met the $75,000 amount in controversy requirement, pursuant to 28 U.”

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