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- Court Said Husband’s Approval Is Not Necessary For Organ Donation, Same Rules For Women And Men
Delhi18 minutes ago
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The Delhi High Court gave its verdict regarding the husband’s no-objection letter for organ donation. Delhi High Court said- ‘If a woman wants to donate organs by law, then her husband’s approval is not necessary.’ In fact, in one case, due to non-objection certificate of the husband, the hospital concerned did not proceed with the process of organ donation on the application of the woman. On which the Delhi High Court said during the hearing that the rules of organ donation for women and men are the same.
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Let’s know about the rules related to organ donation from Supreme Court lawyer Nishant Gautam …
Is spouse’s approval necessary for organ donation?
Under no circumstance is the consent of the spouse required during organ donation. According to the provisions of the relevant Act, any adult and mentally healthy person can voluntarily donate organ.
No need of spouse’s permission to donate organs, adults and mentally healthy persons can do it voluntarily.
What is the rule in case of female organ donor?
There is no separate rule for female or male donor. Under Rule 22, the identity of the woman or the organ donor is required to be confirmed by any person other than the recipient of the organ.
What is the rule of organ donation for close relatives?
Under Rule 18, it is necessary to confirm the relationship of close family members from the authorized committee. The committee approves the organ donation only after checking the documents like identity card, residence certificate etc.
Whose approval is needed if the organ donor is unmarried?
Organ donation to a minor is generally prohibited, but there is a provision in Rule 5(3)(g) to do so in very special circumstances. In such circumstances, this exception can be implemented after the approval of the authorized officer and the state government.