Del HC | No complete prohibition in a minor donating an organ or tissue prior to attaining majority; Donation permissible in exceptional circumstances

Delhi High Court: Sanjeev Sachdeva, J. while addressing a petition with regard to a minor donating her liver to her father, held that,

In the present petition, direction has ben sought to appropriate authority appointed under Section 13(1) of Transplantation of Human Organs & Tissues Act, 1994 for allowing the liver transplantation and permitting petitioner to donate part of her liver to her father who is suffering from and advanced stage of liver failure.

The doctor has also given a certificate suggesting that the transplantation should be done soon as possible.

Counsel for the petitioner contended that the petitioner needs no permission under theTransplantation of Human Organs & Tissues Act, 1994, in case of any relative, if the donor is not a minor.

Counsel adds that in terms of Rule 5(3)(g) of the Transplantation of Human Organs & Tissue Rules, 2014, living organs or tissues, donation by minor is not permitted except under exceptional medical grounds to be recorded ind details with full justification and prior approval of the competent authority.

Father of the petitioner is virtually at the last stage of the liver disease and in case transplantation is not done immediately, there is likelihood of the non-survival of petitioner’s father.

Also petitioner has voluntarily and without any force or coerce agreed to donate part of her liver to her father who is the sole earning member of the family.

In view of the complete nationwide lockdown in on account of COVID-19, there is no possibility of finding a donor in the near future.

Court’s Decision

Keeping in view the directions issued in Mohd. Suhail Mia in WP (C) No. 7 of 2019, whereby the Court constituted an expert body as to whether there could be any potential risk to the minor in donating part of liver.

Bench thus deemed it expedient to direct the Director of Max Super Speciality Hospital, Saket to immediately constitute a committee of 2 senior doctors