Minor’s plea to donate part of liver to father: Bombay HC asks hospital to accept her form, prepare file and submit decision by May 6

Staff ReporterUpdated: Wednesday, May 04, 2022, 08:44 PM IST
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The Bombay High Court on Wednesday while hearing plea pertaining to organ transplantation of a minor girl to her ailing father directs hospital authorization committee to take a decision by May 6.

A division bench of Justices Revati Dere and Madhav Jamdar directed the hospital to hospital to prepare a file on father’s transplant requirements, arrive at a decision and then submit the same to the Court on Friday (May 6) at 10.30 am.

During the hearing, Government Pleader PP Kakade informed the court that the government department has not received any documents or forms from the Global Hospital authorization committee, where the father is admitted. Even if the authorization committee (of the hospital) decides against transplantation, the state govt department can take an independent view from that of the authorization committee.

Advocate Tapan Thatte, appearing for the minor said that the hospital was not accepting any forms from them. He said that the problem with regard to transplanting organ of minor was that the procedure is not clear and hence the hospital is not accepting the forms.

He then said that they needed to submit a Form 11 for the transplant and sought court’s permission to submit the same.

Granting the minor permission to submit the form, the HC then asked the hospital to accept the form and prepare a file of the same and submit it to the court on May 6 morning.

A girl, who is little over 16 years old, had filed the petition in the HC seeking to be donor for her father who is critical. Under the Organ Transplantation Act, a minor is not considered as a competent donor. The plea contended that they have failed to find a suitable donor, other than her, for her father. The doctors have said that the father is in urgent need of the liver transplant and has 15 days to live, from the date of the filing of the petition, which is April 30.

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