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

Hague Surrogacy Convention Paused After 15 Years — What Went Wrong

After 15 years of work, the Hague Conference on Private International Law has paused its long-running project to create an international convention dealing with surrogacy and legal parentage. That is a significant development for anyone involved in cross-border surrogacy, assisted reproductive treatment, and international family law. The pause matters because international surrogacy does not stop… Read More »Hague Surrogacy Convention Paused After 15 Years — What Went Wrong

One Sperm Donor, 550 Children: Why Australia Needs Urgent Regulation

Private sperm donation is often marketed as simple, accessible and modern. In reality, it can create legal, ethical and deeply human problems on a staggering scale. Two recent overseas stories show exactly what can happen when sperm donation is left largely unchecked. In one case, a mother believed her child was the only child conceived… Read More »One Sperm Donor, 550 Children: Why Australia Needs Urgent Regulation

Monash IVF Payouts: The Embryo Mix-Up Cases Explained

Two embryo mix-up cases involving Monash IVF have now reportedly ended with multimillion dollar payouts, bringing a legal close to some of the most distressing fertility treatment errors ever publicly reported in Australia. These were not routine complaints. They were extraordinary cases that struck at the heart of trust in assisted reproduction. For the families… Read More »Monash IVF Payouts: The Embryo Mix-Up Cases Explained

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