The Delhi High Court has permitted a 17-year-old boy to donate a part of his liver to his father, who is suffering from advanced chronic liver disease and liver cancer, holding that the case fell within the exceptional medical circumstances contemplated under the Transplantation of Human Organs and Tissues Rules, 2014.
Justice Mini Pushkarna allowed the writ petition filed by the minor through his mother, seeking permission under Section 9(1B) of the Transplantation of Human Organs and Tissues Act, 1994 and Rule 5(3)(g) of the 2014 Rules to undergo a living donor liver transplant for his father, who is undergoing treatment at the Institute of Liver and Biliary Sciences (ILBS), New Delhi.
The Court noted that while living organ donation by minors is ordinarily prohibited, Rule 5(3)(g) permits such donations on exceptional medical grounds, subject to detailed justification and prior approval of the Appropriate Authority and the State Government. During the hearing, the Government of NCT of Delhi placed before the Court a permission letter dated June 29, 2026, recording the approval of the Lieutenant Governor and the Appropriate Authority permitting the minor to donate a part of his liver.
Considering the medical evidence, the Court observed that the recipient was suffering from advanced chronic liver disease with cirrhosis, portal hypertension, mild ascites and hepatocellular carcinoma, and that liver transplantation was the only viable life-saving treatment. It further recorded that the petitioner, being the biological son, was the only medically suitable and compatible donor available, with no other eligible family member matching the medical requirements.
The Court also took note that the minor was physically fit, had voluntarily agreed to donate a portion of his liver out of natural love and affection for his father, and that there was no allegation of coercion or commercial consideration. Holding that denying permission could result in the loss of the father’s life, the Court found that the balance of convenience overwhelmingly favoured allowing the transplantation.
Accordingly, exercising its jurisdiction under Article 226 of the Constitution, the High Court permitted the minor to donate a part of his liver to his father and directed ILBS to expeditiously schedule the transplant while ensuring strict compliance with all legal, ethical and clinical protocols to safeguard the health and safety of the minor donor.
