Kidney divorce: a donated kidney is not property

Kidney divorce: a donated kidney is not property

I posted sometime ago about the bizarre case of Dr Richard Batista and Dawnell Batista from New York, in which Dr Batista sought that the kidney that he had donated to his dying wife some years ago be considered to be property, and that he wanted US$1.5 million for it, and if he could not get the US$1.5 million, he wanted the theoretical return of the kidney. He had an expert value the donation of the kidney, and also note that his donation was a 1 in 700,000 chance, which saved Dawnell’s life.

Dr Batista’s claim, seen by legal experts as not having a prayer of success, and being without merit and vindictive, was rejected by the court.

“At its core, the defendant’s claim inappropriately equates human organs with commodities,” Suffolk County Court-Attorney Referee Jeffrey Grob declared in a 10-page ruling[PDF file] .

Grob cited state law making it a felony for people to give or take money for a human organ.

“While the term ‘marital property’ is elastic and expansive … its reach, in this court’s view, does not stretch into the ethers and embrace … human tissues or organs.”

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Human Rights & Surrogacy: Protecting Parents, Children & Surrogates

Surrogacy is as much a human-rights issue as it is a family-law matter. Courts around the world are grappling with competing rights: the right to procreate and access assisted reproductive treatment, the child’s right to identity, and the surrogate’s right to bodily autonomy and fair treatment. These tensions shape how laws and court decisions treat… Read More »Human Rights & Surrogacy: Protecting Parents, Children & Surrogates

How I Became a Fertility and Surrogacy Lawyer

A legal career that began in mainstream family law evolved into one of Australia’s most specialist practices in fertility, surrogacy and assisted reproductive technology. Over almost four decades, Stephen Page has handled thousands of complex matters, influenced law reform, advised clinics, taught ethics and regulation, and championed the human rights of everyone affected by assisted… Read More »How I Became a Fertility and Surrogacy Lawyer

Lessons From My Own Surrogacy Journey

Stephen Page’s story is a frank, sometimes brutal, ultimately hopeful account of what it means to pursue parenthood when the path is anything but straightforward. From a childhood conviction to be a dad, to confronting infertility, miscarriage, an ectopic pregnancy and the legal uncertainty around parentage, his journey illustrates the medical, emotional and legal hurdles… Read More »Lessons From My Own Surrogacy Journey

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board