The Delhi High Court has permitted a 17-year-old boy to donate a part of his liver to his father, who is suffering from an advanced chronic liver disease, reported PTI.
Hearing the boy's petition, a vacation bench of Justice Mini Pushkarna said that while there was no "absolute statutory bar" on a minor donating a living organ, it could be permitted only in exceptional medical circumstances while rigorously complying with the legal framework.
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".
In the order passed on Monday, Justice Pushkarna directed that the medical procedure upon the petitioner shall be "carried out properly, in compliance with all legal, ethical and clinical protocols" to ensure his health and safety.
The judge observed that the petitioner, who was the only suitable donor available, wanted to donate a portion of his liver to his father out of his own volition, love and affection and denying such permission might lead to the loss of life of his father.
The Institute of Liver and Biliary Sciences (ILBS) informed the court that it would schedule the surgery at the earliest in compliance with the court's order. The boy's father is currently undergoing treatment at the hospital.
Counsel representing the Delhi government also informed the court that the Lieutenant Governor and the competent authority had granted the necessary approvals for the procedure.
The court order 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."
"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," it ordered.
The boy filed the petition seeking directions to the authorities to grant necessary permission under Section 9 (1B) of the Transplantation of Human Organs and Tissues Act for donating a part of his liver to his biological father.
The petitioner, who filed the plea through his mother, said his father was undergoing treatment for chronic liver disease with cirrhosis, portal hypertension, mild ascites and liver cell carcinoma.
The court was informed that the condition of the boy's father was life threatening and time sensitive, and he had been advised liver transplantation by the hospital as the only viable and life-saving treatment.
The court opined that since the boy was the only compatible donor and he was willing to donate a part of his liver purely out of filial obligation, without any commercial incentive or coercion, there was no impediment in allowing the petition.
