Delhi High Court directs Centre to frame guidelines for organ donation by minor [2.2.2024]

The Delhi High Court has recently directed the Central Government to frame guidelines for authority while considering requests for organ donation and live tissues by minors to their family members.

The High Court was dealing with a petition moved by a minor daughter to donate part of her liver to her father.

Petitioner had sought a direction to the authorities to grant Petitioner the necessary permission to donate a part of her liver to her ailing father.

The High Court directed the Union Health Ministry to frame the guidelines under the Transplantation of Human Organs and Tissues Rules, 2014 for the guidance of the appropriate authority and the State Governments while considering an application regarding permitting tissue donations by minors. The guidelines be framed within a period of two months from today.

Justice Subramonium Prasad allowed a minor daughter to donate a part of her liver to her father.

"This Court deems it fit to exercise its discretion under Article 226 of the Constitution of India in the present case and allow the Petitioner to donate a part of her liver to her father," Justice Prasad said.

The Petitioner is directed to undergo the procedure in a specialized center like AIIMS where all detailed workup of the petitioner is done keeping in view of her safety, the high court directed.

However, the HC made it clear that this Court is passing this order because the father of Petitioner is in the end stage liver disease.

"The Petitioner is 17 years 4 months and 21 days and the Medical Board, AIIMS has categorically stated that Petitioner is in a physical condition to donate a part of her liver and that her future will not be jeopardized and risk involved in the case is the risk that is involved ordinarily to any donor," the court said.

It was stated that father of petitioner was admitted to Dr Rela Institute and Medical Centre, Chennai, and has been diagnosed with prolonged liver disease namely non-alcoholic steatohepatitis- cirrhosis (NASH), end-stage liver disease, which requires an urgent liver transplant.

It is stated that the family was looking for a donor for a liver transplant and Petitioner was found suitable for the said purpose.

It is stated that they made a representation on 28.06.2023 to Institute of Liver and Biliary Sciences (ILBS) New Delhi seeking permission for liver transplantation of a part of liver of Petitioner his minor daughter.

It was stated that no response was received from ILBS.

In view of the Report given by the Medical Board, AIIMS that the petitioner is physically fit to donate a portion of her liver to her father and the quality of her life will not diminish because her father requires an urgent liver transplant as he is in the end-stage liver disease, non-alcoholic steatohepatitis-cirrhosis (NASH), this Court is inclined to permit Petitioner to donate a part of her liver to her father, the High court said.

02 Feb 2024