Delhi High Court Allows 17-Year-Old To Donate Part Of Liver To Father On Exceptional Medical Grounds
The Delhi High Court has permitted a 17-year-old boy to donate a portion of his liver to his ailing father, holding that the proposed transplant falls within the exceptional circumstances contemplated under the Transplantation of Human Organs and Tissues Act, 1994 (THO Act) and the Rules framed thereunder.Justice Mini Pushkarna observed that as per Rule 5(3)(g) of the THO Rules, donation...
The Delhi High Court has permitted a 17-year-old boy to donate a portion of his liver to his ailing father, holding that the proposed transplant falls within the exceptional circumstances contemplated under the Transplantation of Human Organs and Tissues Act, 1994 (THO Act) and the Rules framed thereunder.
Justice Mini Pushkarna observed that as per Rule 5(3)(g) of the THO Rules, donation of living organs or tissues by minors shall not be permitted except on exceptional medical grounds.
“Since the petitioner, i.e., the minor son of the recipient is the only compatible donor, and he is willing to donate a part of his liver to his ailing father, purely out of filial obligation, without any commercial or coercive element, this Court finds no impediment in allowing the present petition,” the bench observed.
The petition was filed by the minor through his mother seeking permission to donate part of his liver to his father, who was stated to be suffering from chronic liver disease and urgently required a transplant.
Considering the circumstances, the Lieutenant Governor of Delhi had already granted permission to the Petitioner for donating part of his liver.
The Court observed that while there is no absolute statutory bar for donation of living organ by a minor, adherence to statutory framework, i.e., the conditions as stipulated in the THO Act as well as THO Rules, have to be rigorously met.
In the case at hand, it noted that the petitioner, though a minor, was physically fit and he was willing to donate a portion of his liver to his father, out of his own volition, natural love and affection.
As such, the Court was of the view that the balance of convenience and equities overwhelmingly lie in favour of permitting the proposed liver donation and transplantation.
It directed that the transplant be carried out strictly in accordance with the medical, ethical and statutory safeguards prescribed under THOTA and the applicable Rules.
Appearance: Mr. Utkarsh Singh, Adv. for Petitioner; Mr. Siddhartha Panda, Adv for R-2 (ICBS), Mr. Dhananjai Rana (CGHS) for R-1. Ms. Avni Singh, Panel Counsel for GNCTD & Mr. Vaibhav Sharma, Adv. for Respondents
Case title: Pratik Shaw (Minor) v. UoI
Case no.: W.P.(C) 4045/2026