Can Minor Donate Organ? Supreme Court Issues Notice On Son's Plea To Allow Liver Donation For Father

The Supreme Court on Friday issued notice on a writ petition filed by a minor boy seeking permission to donate liver to his critically ill father.

The petition, which was filed yesterday, was urgently mentioned before the bench led by the Chief Justice of India today morning. Considering the urgency of the matter, the bench issued notice to the State of UP, even though the petition was yet to be formally numbered and listed, and posted the matter to next Monday.

The bench noted that the legal issue arose as according to the Transplantation of Human Organs and Tissues Act 1994, an organ donor has to be a major.

"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 led by CJI UU Lalit noted in the order.

The bench directed that a responsible officer from the Health Department for the State of Uttar Pradesh should remain present on Monday, the 12th September, 2022, when the matter is taken up. To ensure that information is passed on the authorities, the Court directed the Registry to communicate the matter to the Standing Counsel of the State of UP.

In the meantime, the Court stated that the petitioner may present himself before the concerned hospital, which may do preliminary tests whether he can be a donor and whether the donation of an organ in the present case would otherwise be feasible and permissible.

Case Title : Parthsarathi Bajaj through Mother versus Health Secretary and others | Writ Petition(s)(Civil) No(s). 763/2022

Click here to read/download the order