The Delhi High Court allowed a 17-year-old minor to donate part of his liver to his critically ill father, considering exceptional circumstances. The Court approved the transplant after finding that the son was the only medically suitable donor available among relatives.
The Delhi High Court has permitted a minor to donate a portion of his liver to his seriously ill father, citing exceptional medical circumstances.
The minor, who was approximately 17 years and 6 months old, approached the court through his mother. He sought approval under Section 9(1B) of the Transplantation of Human Organs and Tissues Act, 1994 (“THO Act”) and Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014 (“THO Rules”).
During the proceedings, the court was informed that the father was receiving treatment for chronic liver disease, including cirrhosis, portal hypertension, mild ascites, and liver cell carcinoma (hepatocellular carcinoma), at the Institute of Liver and Biliary Sciences (“ILBS”), Vasant Kunj, New Delhi.
To support the request, the Government of NCT of Delhi also produced a communication on record confirming the approval of the Lieutenant Governor of Delhi and the appropriate authority to allow the minor to donate part of his liver to his father.
The High Court observed that the petitioner’s father was suffering from advanced chronic liver disease with hepatocellular carcinoma, and that the father’s condition was both life-threatening and time-sensitive. The court noted that the hospital had advised liver transplantation as the only feasible and life-saving treatment.
While noting that the minor son fell within the definition of “near relative” under Section 2(i) of the THO Act, Justice Mini Pushkarna said,
” The suitable living donors from among near relatives and family members of Mr. Uttam Kumar Shaw have been evaluated. The petitioner being the biological son, has been found to be the only suitable donor available. No other medically suitable relative donor is available,”
The High Court held while allowing the minor’s plea,
” 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…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. In case, this Court denies such permission, it may lead to loss of life of the petitioner’s father,”
Case Title: Pratik Shaw Minor Through His Mother And Natural Guardian Smt Vandana Shaw vs Union Of India & Anr.
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