The 17-year-old kid has expressed his desire to donate his liver to his father, who is suffering from liver failure. He stated that he wishes to give his liver, but the medical board refused to allow him to do so owing to his ethnicity.
In this case, the court ruled that the minor must reach the age of majority within two days and that it is a serious medical emergency, thus the decision should be reached and delivered as quickly as possible.
The court ruled in this case that just because a person is a juvenile does not preclude him or her from donating an organ under the Transplantation of Human Organs and Tissues Act 1994. The court also stated that the medical board should use its best judgement when dealing with such matters. The majority of the Acts are for the protection of human life; therefore, the board should take into account all of the circumstances and, if feasible, allow the individual to donate an organ; however, the court believes that merely because he or she is a minor, he or she is ineligible to donate an organ.
The majority of the Acts are for the protection of human life; therefore, the board should consider all of the circumstances and, if feasible, allow the individual to donate an organ; in the opinion of the court, a minor is ineligible to donate an organ.
According to the Transplantation of Human Organs and Tissues Act of 1994, “a minor is not prohibited from donating a human organ or tissue, and a minor is also permitted to donate organ and tissue in a manner prescribed by the government.”
“Living organ or tissue donation by minors is not permitted except on medical circumstances to be suggested in detail with justification and previous approval of competent authority,” according to Rule 5(3) (g) of the Transplantation of Human Organs and Tissues Rules 2014.
After reviewing the aforementioned Act and Rules, the court decides whether or not the minor can donate an organ.