Risk to life of girl who wants to donate part of liver to father, hospital tells HC

The Delhi High Court was informed by a hospital here on Friday that there was potential short and long term risk to health of the girl who wanted to donate part of her liver to her father to save his life.

However, Justice Sanjeev Sachdeva referred the issue back to the hospital to ascertain whether the panel which examined the girl's case included a specialist in liver transplant and biliary sciences and if not, then to include the opinion of such an expert.

With the direction, the court listed the matter for hearing on April 6.

The direction came after the girl's lawyers told the court that the expert panel which examined her did not include a specialist in liver transplant and biliary sciences as suggested by it in its order of April 1.

The girl, a minor, wants to donate part of her liver to her father as he is suffering from a severe case of liver cirrhosis and urgently requires a transplant to survive.

She moved the court after she received no response to her representation to the Delhi government's Health Secretary for prior approval to donate part of her liver to her father.

Under the Transplantation of Human Organs and Tissues Act of 1994, hospitals/doctors can allow a transplant from a minor relative in exceptional medical grounds but only after prior approval of the appropriate authority, which in the instant case is the Health Secretary of Delhi government, the petition has said.

The girl, a suitable match to donate to her father, has claimed in her plea that she will turn 18 by the last week of May, but her father cannot wait till then as he urgently requires a transplant and due to the coronavirus outbreak it would be difficult to find compatible donors.

After she moved the petition, the Delhi government, represented by its additional standing counsel Naushad Ahmed Khan, told the court on Wednesday that her representation was rejected as she was minor.

The court, on Wednesday, had said the decision was not based on any medical opinion that there was potential risk to her life and was "not sustainable".

"Further, there is no complete prohibition in a minor donating an organ or tissue prior to attaining majority. Donation is permissible but in exceptional circumstances and in accordance with the rules," it had said.

It had directed the hospital, where the man is admitted since Monday (March 30), to set up a expert panel, including a liver transplant and biliary sciences specialist, to examine if there was any potential risk to the girl's life.

The court had said the panel's decision would be communicated to the government which shall then "forthwith" take a decision on the girl's representation for approval to donate part of her liver to her father.