Justice T. Amarnath Goud of Telangana High Court on Tuesday instructed a private hospital in city to permit donation of kidney by a man for his ailing sister without insisting on his wife’s consent.
A private employee from Ramakrishnapuram of Hyderabad decided to donate his kidney for his sister who was facing chronic renal failure. They planned kidney transplantation surgery at the private hospital on this July 30.
To their surprise, a day ahead of the surgery, they received a communication from the hospital seeking a letter of consent from his wife to carry out the surgery. The patient’s brother, who moved the HC, stated that he had differences with his wife and had already filed a petition in Malkajgiri family court for dissolution of his marriage.
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The petitioner’s brother-in-law (the patient’s husband) contacted the woman through WhatsApp and explained the situation. He sought her consent for the transplantation. However, the woman blocked his number and stopped receiving communication, the petitioner claimed.
He contended that there was no requirement of consent from his wife if no commercial elements were involved in kidney transplantation. The receiver was his own sister and came under the definition of ‘near relative’ as per the kidney transplantation related laws, he stated.