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17-yr-old minor moves Delhi HC seeking permission to donate part of liver to ailing father

ANI | Updated: Oct 18, 2021 15:16 IST

New Delhi [India], October 18 (ANI): A petition has been moved in Delhi High Court by a 17-year-old boy, through his mother seeking direction to the Delhi government and Institute of Liver and Biliary Sciences to permit him to donate a part of his liver to his father, who is suffering from advance stage of liver failure.
According to the plea, the father's treatment is going on in the Institute of Liver and Biliary Sciences, which is an autonomous society under the government of NCT of Delhi.
The plea states that the certificate of opinion by the specialist doctor suggested that the petitioner's father requires urgent Liver transplantation.
The plea moved through PR Advocates and Solicitors (LLP) law firm states that the authorisation committee/competent authority recently has refused to accept the donation by the petitioner as his age was less than 18 years.
The plea stated that the condition of the father is at high risk and the treating doctor saying the disease is at the last stage and if immediate transplant is not done there is no likelihood that the father of the petitioner would survive.

The plea further submitted that the petitioner is aged about 17 years, eight months and 24 days and is a student of class 12.
"Petitioner has a reasonable maturity level and exposure to understand the situation. Petitioner has voluntarily opted to donate his part of Liver to his ailing father who is the sole earning member of the family. It is also a matter of fact that no other option is available with the family of the petitioner to have another donor and especially in the circumstances that the father of the petitioner is terminally ill and there is no considerable time left with the petitioner," the plea said.
It also noted that the Delhi High Court earlier, granted two days time to the hospital to decide the case.
"The respondent/hospital without taking any note of urgency of the matter did not constitute the committee or decide the matter and on October 7, the respondent authority passed the order denying the petitioner, permission to donate his part of the liver," it said.
The plea stated that, as per the Transplantation of Human Organs and Tissues Act 1994 hereinafter called as 1994 Act, there is no complete prohibition for a minor to donate a human organ or tissue by a minor and a minor is also permitted to donate organ and tissue in a manner as may be prescribed by the government.
"Rule 5(3) (g) of Transplantation of Human Organs and Tissues Rules 2014, living organ or tissue, donation by minor is not permitted except under medical grounds to be recommended in detail with justification and prior approval of the competent authority," it added. (ANI)