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

Surrogacy in South Africa: what Australians should know

South Africa might seem like an obvious overseas surrogacy destination for Australians. It has high-quality IVF services, costs can be lower than in some other international destinations, and Australia has a substantial South African community, particularly in Perth, Sydney, Melbourne and South East Queensland. Yet South Africa is not an option for most Australian intended… Read More »Surrogacy in South Africa: what Australians should know

Egg donation in South Africa: the legal risks explained

For many Australians, egg donation in South Africa has long been an attractive fertility option. The medical standards are high, the costs can be significantly lower than comparable treatment in Australia, and there has historically been a greater availability of egg donors. But an overseas egg donation journey is not simply a question of choosing… Read More »Egg donation in South Africa: the legal risks explained

Breaching parenting orders: what you can do

When parenting orders are not being followed, it is understandable to feel frustrated, powerless and eager to take immediate action. A parent may miss time with their children, be denied communication, or find that arrangements which were meant to provide certainty are simply not working in practice. However, taking an ex-partner back to court is… Read More »Breaching parenting orders: what you can do

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