Can a minor boy donate his liver to father? Supreme Court decides today

The Supreme Court will hear today the plea of a 17-year-old boy who has sought permission to donate his liver to save his father’s life. 

The Transplantation of Human Organs Act only allows adults and deceased minors to donate organs. However, courts have allowed leeway in the process under exceptional circumstances. 

A bench of Justices Sanjay Kishan Kaul and Abhay S Oka will decide the case in the presence of a senior official from the Uttar Pradesh health department who asked to personally appear before it. 

Considering the urgency of the case, CJI UU Lalit had on September 9 decide to grant an urgent hearing and listed the case for Monday. The court, in the meantime, asked the petitioner to go ahead with the necessary medical test needed before the transplantation.  

"Considering the urgency, we issue notice returnable on Monday, the 12th September, 2022. Dasti, in addition, is permitted. Liberty to serve the learned standing counsel for the State is granted. The Registry shall independently send an appropriate communication to the learned standing counsel as well as the Health Secretary, Uttar Pradesh Government, Lucknow," the Court said.

The counsel appearing for the minor told the bench that his father is in critical condition and the only way to save his life is through organ donation. "It is further submitted that the petitioner (son) is willing to donate his liver to his critically ill father. However, in terms of the statute governing the issue, the donor has to be a major," the bench, also comprising Justices S R Bhat and P S Narasimha, noted in its order.

The minor is said to have approached the Supreme Court after his representation to the health secretary of Uttar Pradesh government remained unaddressed and he rushed to the court as his father was critically ill and was running out of time to save his life.