Delhi High Court Allows 17-year-old To Donate Liver To Save Father’s Life

The Delhi High Court has allowed a minor to donate a part of his liver to his ailing father in view of the exceptional medical grounds. 

The minor, aged about 17 years 6 months, had approached the High Court through his mother seeking necessary permission under Section 9 (1B) of the Transplantation of Human Organs and Tissues Act, 1994 (“THO Act”) and Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014 (“THO Rules”).

High Court was informed that the ailing father, was undergoing treatment for chronic liver disease with cirrhosis, portal hypertension, mild ascites and liver cell carcinoma (hepatocellular carcinoma) at Institute of Liver and Biliary Sciences (“ILBS”), Vasant Kunj, New Delhi.  

In support of the minor's plea, Government of NCT of Delhi also submitted a letter before court, recording approval of the Lieutenant Governor of Delhi and the appropriate authority to permit the minor boy for donating part of his liver to his father.

Court noted that the father of the petitioner was suffering from advanced chronic liver disease, with hepatocellular carcinoma and that recipient’s condition was life threating and time sensitive, and thus he has been advised liver transplantation by the Hospital, as the only viable and lifesaving treatment. 

"The suitable living donors from among near relatives and family members of Mr. Uttam Kumar Shaw have been evaluated. The petitioner being the biological son, has been found to be the only suitable donor available. No other medically suitable relative donor is available," Justice Mini Pushkarna said while noting that the minor son fell within the definition of “near relative” under Section 2(i) of the THO Act.

"Since the petitioner, i.e., the minor son of the recipient is the only compatible donor, and he is willing to donate a part of his liver to his ailing father, purely out of filial obligation, without any commercial or coercive...Considering the medical condition of the father of the petitioner, as also the permission granted by way of letter dated 29th June, 2026 issued by the Ministry of Health and Family Welfare Department, containing the approval of the appropriate authority as well as the Lieutenant Governor, GNCTD, this Court is of the view that the balance of convenience and equities, in the present case, overwhelmingly lie in favour of permitting the proposed liver donation and transplantation. In case, this Court denies such permission, it may lead to loss of life of the petitioner’s father," the high court has said while allowing the minor's plea.

Case Title: Pratik Shaw Minor Through His Mother And Natural Guardian Smt Vandana Shaw vs Union Of India & Anr.

Bench: Justice Mini Pushkarna

Order Date: June 29, 2026