The Delhi High Court has permitted a 17-year-old boy to donate a portion of his liver to his father, holding that the case falls within the “exceptional medical grounds” envisaged under the Transplantation of Human Organs and Tissues Rules, 2014.
The petition was filed by the minor through his mother and natural guardian, seeking directions to the authorities to grant permission under the Transplantation of Human Organs and Tissues Act, 1994, for the liver donation.
The petitioner, born on September 13, 2008, was about 17 years and six months old when the plea was filed.
The minor’s father, Uttam Kumar Shaw, is undergoing treatment at the Institute of Liver and Biliary Sciences (ILBS), Vasant Kunj, for advanced chronic liver disease with cirrhosis, portal hypertension, mild ascites and hepatocellular carcinoma (liver cancer).
The court was informed that his condition is life-threatening and time-sensitive, with liver transplantation being the only viable lifesaving treatment.
During the hearing, the Delhi government’s counsel placed before the court a letter dated June 29, 2026, recording the approval of the Lieutenant Governor of Delhi and the appropriate authority permitting the minor to donate part of his liver to his father.
The court noted that Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules prohibits organ donation by minors except on exceptional medical grounds.
While there is no absolute statutory prohibition on such donations, the court observed that the legal framework governing organ donation by minors must be strictly complied with.
Taking note of the medical records, the court found that the petitioner’s father urgently required a liver transplant and that the minor was the only medically compatible living donor available among the patient’s near relatives.
The court also observed that the petitioner qualifies as a “near relative” under Section 2(i) of the Act, being the biological son of the recipient.
The High Court further recorded that the minor was physically fit to donate and had expressed his willingness to undergo the procedure voluntarily, out of natural love and affection for his father, without any element of coercion or commercial consideration.
Observing that similar permissions have been granted by the court in earlier cases involving comparable circumstances, the Bench held that there was no legal impediment to allowing the donation.
The court also took into account the permission already granted by the competent authority and the Lieutenant Governor, observing that the balance of convenience overwhelmingly favoured permitting the transplant. It said that denying permission could result in the loss of the father’s life.
Exercising its powers under Article 226 of the Constitution, the High Court allowed the petition and permitted the minor to donate part of his liver to his father.
The court was informed by ILBS that the hospital had been awaiting the judicial order and would now expeditiously fix a date for the transplant surgery.
Before disposing of the petition, the High Court directed the hospital to ensure that the transplant procedure involving the minor donor is carried out in strict compliance with all legal, ethical and clinical protocols so as to safeguard his health and safety.
