Delhi High Court allows 17-year-old boy to donate liver to save father's life
The Delhi High Court has allowed a 17-year-old boy to donate a part of his liver to his father, who is suffering from advanced chronic
The Delhi High Court has allowed a 17-year-old boy to donate a part of his liver to his father, who is suffering from advanced chronic liver disease. The court said there is no absolute statutory bar on a minor donating a living organ, but such donation can be permitted only in exceptional medical circumstances and with strict compliance with the legal framework. Read Full Story In its order passed on Monday, a vacation bench of Justice Mini Pushkarna noted that the boy was the only suitable donor available and wanted to donate a portion of his liver to his father of his own volition, love and affection. The court said that denying permission in such a case could lead to the loss of the father's life. The boy had moved the court through his mother, seeking directions to the authorities to grant the necessary permission under Section 9(1B) of the Transplantation of Human Organs and Tissues Act to donate a part of his liver to his biological father.
The court was told that his father was undergoing treatment for chronic liver disease with cirrhosis, portal hypertension, mild ascites and liver cell carcinoma, and that his condition was life-threatening and time-sensitive. The hospital had advised a liver transplant as the only viable and life-saving treatment. The Transplantation of Human Organs and Tissues Rules state that "living organ or tissue donation by minors shall not be permitted except on exceptional medical grounds to be recorded in detail with full justification and with prior approval of the Appropriate Authority and the State Government concerned". The Delhi government's counsel told the court that the lieutenant governor and the appropriate authority had approved the matter. The Institute of Liver and Biliary Sciences, where the boy's father is being treated, said it would expeditiously fix a date for the operation after the court's order.
In its order, the court said, "Considering the medical condition of the father of the petitioner, as also the permission granted by way of letter dated 29th June, 2026, issued by the Ministry of Health and Family Welfare Department, containing the approval of the appropriate authority as well as the Lieutenant Governor, GNCTD, this Court is of the view that the balance of convenience and equities, in the present case, overwhelmingly lie in favour of permitting the proposed liver donation and transplantation." It added, "Accordingly, in view of the submissions made before this Court, this Court deems it fit to exercise its discretion under Article 226 of the Constitution of India, 1950, in the present case and allow the petitioner to donate a part of his liver to his father." The judge also directed that the medical procedure on the boy be carried out properly and in compliance with all legal, ethical and clinical protocols to ensure his health and safety.
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