In Germany the procurement, distribution und transplantation of cadaveric human organs is understood as a public task. The institutionalization of a specific law on transplantation fall in with a picture of a growing government intervention in all parts of human life, which original had been organized individually by the members of society itselves. From a classical liberal point of view and in consideration of the principle of subsidiarity the institutionalization of a specific law on transplantation is wether a deserving process nor it had been necessarily implemented. The statistic data of organ donation in germany show that the expected increase of the number of available cadeveric organs – as an assumed positive result of the new transplantation act - failed to appear so far. Moreover we have to notice that the politicians who are responsible for an adequate implementation of the legal conditions haven`t attended to their duties. As long as the official policy only accept altruistic motivation as an incentive to donate cadaveric organs the status quo won`t change. In these circumstances a slowly reduce of government intervention maybe leeds to a better policy on organ donation. This kind of policy should give people the chance to help themselves in using other incentives than the motive of altruistic help.