Kerala High Court Allows 17-Year-Old Minor To Donate Liver For Her Father; Says "Blessed Are Parents Who Have Children Like Her"

The Kerala High Court on Tuesday granted permission to a 17-year-old minor girl to donate a portion of her liver for conducting her father's transplantation surgery, subject to the other requirements of the Transplantation of Human Organs and Tissues Act, 1994 and the Rules. Justice V G Arun while passing the order said that it is heartening to note that the unrelenting fight put up by Devananda has finally succeeded.I applaud the petitioner's fight to save her father's life. Blessed are parents who have children like Devananda...The writ petition is disposed of permitting the petitioner to donate a portion of her liver for conducting her father's transplantation surgery, subject to the other requirements of the Act and the Rules.The Writ Petition was moved by a minor girl seeking permission to donate her liver to the petitioner's father who is suffering from Decompensated Chronic Liver Disease with Hepatocellular Carcinoma, non-alcoholic fatty liver disease. From among the near relatives of the patient, only the petitioner's liver was found to be matching, however, the provisions of the Transplantation of Human Organs and Tissues Act, 1994 and the Rules, do not permit organ donation by a minor. Thereby, the Writ Petition was preferred seeking a declaration that the petitioner is entitled to exemption in her age to be a donor as prescribed under Rule 18 of the Transplantation of Human Organs and Tissues Rules, 2014 and also seeks direction to the hospital authority to perform their medical obligation as per the provision. The Court pointed out that the objective of the Act is to provide for the regulation of removal, storage and transplantation of human organs and tissues for therapeutic purposes and for the prevention of commercial dealings in human organs and tissues and for matters connected therewith.The Court has previously passed an interim order directing the Appropriate Authority to hear the petitioners and arrive at a decision as stipulated in Rule 5(3)(g). However, the Appropriate Authority came to the conclusion that, as the patient does not qualify for a liver transplant as a therapeutic option, the question of donating a portion of the petitioner's liver does not arise. The petitioner contended that the rejection of the petitioner's request by the Appropriate Authority is patently illegal since the decision was arrived at without considering the petitioner's capacity to donate. The Counsel contended that the focus was entirely on the recipient's health condition and no provision under the Act or the Rules provides for such consideration. The Counsel submitted that as long as the donor is medically fit, is a near relative and is a voluntary donor, the Appropriate Authority is bound to grant permission.The Counsel drew attention to a certificate in which another set of experts have opined that the only method by which the patient's life can be saved and the Hepatocellular Carcinoma cured is to undergo living donor liver transplantation and contended that the decision of the Appropriate Authority may be overruled and transplantation may be permitted. Government Pleader contended that the provisions of the Act prohibit organ donation by minors and Rule 5(3)(g) provides an exemption only under exceptional circumstances and that it is for the Appropriate Authority to decide whether exceptional circumstances exist or not.The Court observed that the Appropriate Authority and the Expert relied on the USCF protocols to conclude that the patient is not a fit candidate for transplant. However, the contradictory opinion expressed by the team of experts at the Rajagiri Health Care and Education Trust was rendered based on the Toronto Criteria. Faced with two different expert opinions and being conscious of the consequence of rejecting the petitioner's request for permission for organ donation the Court sought further opinion from the Expert Committee.Complying with the order of the Court, the Expert Committee reconsidered the matter and rendered its opinion pursuant to which the Appropriate Authority recommended allowing the petitioner's plea.According to my comprehension of the matter in question, the plea of the petitioner may be allowed subject to the final order of the honorable High Court, relying on the facts that, the petitioner has no other options other than a transplantation and the donor is fully aware of the consequences of her decision to donate a portion of her liver out of compassion to her father and she has taken the decision with her free will and without any coercion or compulsion. Hence ordered accordingly and the order dated 23rd November 2022 in WP (C) No 36826/2022 of Honorable High Court is thus complied with.", the Appropriate Authority submitted before the Court. Thereby, the Court disposed of the Writ Petition permitting the petitioner to donate a portion of her liver for conducting her father's transplantation surgery, subject to the other requirements of the Act and the...

Kerala High Court Allows 17-Year-Old Minor To Donate Liver For Her Father; Says "Blessed Are Parents Who Have Children Like Her"

Athira Prasad

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