Since the enactment of the Transplantation of Human Organs Act, 1994, the brain dead person remains the primary source of organs legally obtained for transplantation purposes in India. With the increasing demand of organs for transplantation purposes, non-heart-beating donors can help meet this need. However, the process of retrieving organs in non-heart-beating donors is more complex and raises ethical and legal as well as medical issues. This essay discusses some of these concerns.