Kerala HC allowed a 17-year-old daughter to donate part of her liver to her father despite the restriction rules

Case: Devananda PP v The Department of Health & Family Welfare Government of Kerala & Anr

A 17-year-old girl was permitted to donate part of her liver to her ailing father on Tuesday by the Kerala High Court.

Despite the fact that the expert committee constituted by the Appropriate Authority under the Transplantation of Human Organs and Tissues Act, 1994 initially concluded that the daughter was not exempt from the ban imposed by the Act and Rules on organ donation by minors, Justice VG Arun asked the committee to reconsider its stance after a different team of experts concluded otherwise.

Justice Arun noted the Appropriate Authority's change of stance along with the tenacity of the minor girl who fought to save her father's life.

In this case, the petitioner's father is in critical condition due to liver disease and doctors have advised him to undergo a liver transplant.

In her petition, the minor petitioner stated that her father is in need of a liver transplant and that there are no medical restrictions on her donating it.

It must, however, be above 18 years of age for the donor to be eligible for organ transplantation.

According to the petitioner, as the daughter, she is willing to donate a portion of her liver to her father, who is only 48 years old and the sole breadwinner. The hospital authorities, however, will not allow her to be the donor due to the fact that a minor cannot donate a living organ.

Therefore, the petitioner approached the court seeking exemption from the age restriction in order to donate a portion of her liver to her father.