Hyderabad: In a significant judgment, the Telangana High Court has clarified that a woman does not require her ex-husband’s consent to donate an organ.
The court directed hospital authorities not to insist on a consent letter from the ex-husband and instructed them to proceed with the organ transplant surgery without such a requirement.
Background of the case
A woman, whose father is suffering from a severe liver condition, volunteered to donate an organ to save his life. However, the management of Star Hospital insisted that she submit a consent letter from her husband before proceeding with the donation.
Despite the woman informing the hospital that she was separated from her husband, the hospital continued to demand his approval. Meanwhile, her ex-husband refused to provide the consent letter, causing delays as her father’s health continued to deteriorate.
Challenging the hospital’s insistence, the woman filed a petition in the High Court. The case was heard by Justice K Sharath on Monday, June 23, with the petitioner’s advocate arguing that, according to the law governing organ donation, spousal consent is not mandatory.
The advocate pointed out that the hospital’s demand for the ex-husband’s consent was contrary to the provisions of the relevant act, especially since the petitioner and her husband were no longer together.
Court’s decision
After hearing the arguments, Justice K Sharath ruled that the hospital should proceed with the organ transplant surgery without requiring a consent letter from the ex-husband.
The judge emphasised that the law does not mandate spousal approval for organ donation in such circumstances and issued clear instructions to the hospital management to carry out the procedure accordingly.
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