Anencephaly is a fetal defect that is briefly described as a neural tube abnormality and causes incomplete development of the brain, spinal cord, and skull, which may appear as physical features in the brain or cerebral hemispheres and bones. The skull does not appear completely. The scalp of the fetuses affected by this condition are usually still in the intrauterine environment or after birth and are characterized by blindness, deafness, anesthesia and especially the inability to feel and interact with the surrounding world. Even with the lack of proper brain development, anencephalic fetuses show development of the cardiovascular system, lungs, liver, etc., and usually remain alive for a few minutes or days after birth. The Federal Medical Council, in Resolution 1.752/2004, called the abnormal fetus with anencephaly as brain death precisely because of the complete lack of brain development or electrical activity of the brain. In this article, the legal status of these patients, who can be considered good organ donors due to their conditions, is investigated in the legal system of Iran and US.