High Court Says Organ Donation by Non-Relative Legally Permissible, Orders Fresh Review

MP. August 1, 2026, Kolkata : The Calcutta High Court has set aside the State Authorisation Committee's decision refusing approval for a kidney transplant, holding that it failed to properly consider the donor's statement, affidavit and other relevant materials before rejecting the proposal.

Justice Krishna Rao directed the committee to take a fresh decision within a week after finding that it had concluded the link between the donor and recipient could not be established without adequately examining the explanations and records before it.

The case concerns a 48-year-old man suffering from end-stage renal disease who urgently requires a kidney transplant.

A woman, described as a family friend, volunteered to donate one of her kidneys out of compassion and without any financial consideration. She and her father had also sworn affidavits before a magistrate stating that the donation was voluntary.

The verification committee found no evidence of any commercial transaction, financial promise or middlemen. Yet, it declined approval, saying it was unclear how the donor and recipient became acquainted and that no documentary evidence established their relationship.

After examining the donor's recorded interview, the court noted that she had explained her husband had earlier worked as the recipient's driver and that the two families had known each other for years. She also said she understood the medical risks and had volunteered after learning about the patient's condition.

The court observed that the law permits organ donation by a person who is not a near relative, provided the Authorisation Committee is satisfied there is no commercial motive.

Justice Rao held that the committee failed to properly consider the donor's statement, affidavit, reasons for donating, financial details and the police report, which found no indication of organ trade.

The court quashed the committee's recommendation and directed the Authorisation Committee to reconsider the donor's and her father's statements, along with the police report, take a fresh decision within a week of receiving the judgment, and communicate it to the petitioner.