Madhya Pradesh High Court with a complex legal problem to which they ordered a heartwarming decision. The court allowed a minor girl to donate her liver to her ailing father.
Facts of the Case
Mr. Shivnarayan Batham, has been battling liver failure and was in an urgent need of a liver transplant. Her daughter stepped up, as her blood type was deemed suitable. But the daughter, Preeti hadn’t attained the age of majority yet. She was a few months short of 18 years. She was confirmed to be a suitable match but encountered legal limitations because she was a minor, requiring a petition to the High Court. The petition was filed on 13th June, seeking court’s intervention upon this matter, and asking them to allow her to donate her father a portion of her liver.
Court’s Order
Her blood type aligned with her father’s, and additional medical assessments verified her eligibility for the donation. The High Court, taking into account all factors and the immediate threat to Shivnarayan’s life, authorized the required legal clearance. The court’s ruling was swayed by the critical situation and the approaching majority of the donor. Preeti, who was only two months away from her 18th birthday, expressed a firm intent to proceed with the donation, emphasizing the urgency caused by her father’s rapidly deteriorating health condition.
Current Law
Organ donation in India is governed by the Transplantation of Human Organs and Tissues Act of 1994, which permits individuals of all backgrounds to donate organs, irrespective of age, caste, religion, or community. However, preference is generally given to individuals over 18 years of age.
However as per the Transplantation of Human Organs and Tissues Rules, Rule 5(3)(g) stipulates that living organ or tissue donation by minors is generally prohibited, except under exceptional medical circumstances. In such cases, detailed justifications must be recorded, and prior approval from the appropriate authority and the state government is mandatory.
