Bombay High Court turns down plea to allow disabled boy to donate organ to brother

The Bombay High Court has rejected a plea where the parents urged the court to allow their mentally-disabled minor child to donate a kidney to his sick brother.

The family argued that when the brother recovers, he would take care of his disabled brother.

Parents said the disabled child could be a donor under Transplantation of Human Organs and Tissues Act, 1994.

The parents and both their sons moved court seeking permission for the disabled boy to be a kidney donor. They said that he suffered from a mild and moderate retardation and was fit to take a decision for himself. They also claimed there was no forced consent.

After speaking to the boy separately, the judges decided that he did not understand the consequences of his act and that his decision making ability was severely affected

The court ruled that as he was not in a position to understand what would his life be like after he donates a kidney, they could not consent to the family's plea to allow the disabled child to donate his organ.

Disabled boy not in a position to give informed consent

The court also said that there was a restriction on removal and transplantation of human organs under law when it comes to people with mental disabilities.

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