Spousal consent not must for organ donation: court

A Division Bench of the Kerala High Court on Monday held that there was no statutory requirement for obtaining the consent of the spouse of a donor in case of transplantation of organ of non-related persons.

The Bench comprising Justice C.K. Abdul Rehim and Shaji P. Chaly made the observation when the case relating to the transplantation of the liver of a baby girl in Thiruvananthapuram came up before it.

Writ plea

The girl had been admitted to a hospital on a directive of the High Court following the filing of a writ by her father alleging that she was refused treatment by her mother and mother’s father.

The court observed that the Transplantation of Human Organs and Tissues Rules did not insist on obtaining the consent of one of the spouses if the other partner wanted to donate her/his organ.

There was absolutely no such statutory requirement.

The court, meanwhile, directed the Authorisation Committee for the Organ Transplantation headed by the Principal, Thiruvananthapuram Medical College, to grant clearance for the transplantation of the liver in five days.

The court had earlier directed the hospital authorities to find out a liver donor for Alia Fathima, the child. The government and the hospital authorities informed the court that they were able to find out Sreerani of Thiruvananthapuram, who had expressed her willingness to donate her liver.

The hospital authorities also informed the court that they had conducted the compatibility test and found that her liver was suitable for the baby.

They had also obtained the consent of the donor and her husband. However, the husband had later backtracked.

The court had asked the hospital authorities to submit the required applications and documents before the authorisation committee for the organ transplantation.

And the authorisation committee should grant the required clearance in five days.

The court also appreciated the woman’s willingness to donate her liver.

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Printable version | Aug 3, 2021 11:07:15 AM | https://www.thehindu.com/news/cities/Kochi/spousal-consent-not-must-for-organ-donation-court/article8407695.ece

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