I Donated An Organ To My Spouse And Now They Want A Divorce
If your spouse was in need of a life-saving organ, would you consider becoming a living donor? As in, would you consider undergoing surgery and recovery, for your spouse to have a chance to live a normal life?
Even if that would mean living life without you? An organ can be gifted, but it cannot be returned. So what happens in the event of a divorce, when the life you thought you had changes before your eyes? Your spouse is no longer sick, but no longer in love.
When it comes to divorce, you wouldn’t be the first couple to split after a successful organ donation. Not everybody feels so amicable about the life-changing operation and their future consequences, leading to heated divorce cases.
Key Information About Living Donor Transplants
There’s a few details you need to know about living donor transplants before we dive into a real court case over a kidney donation. While modern medicine and technology continue to advance rapidly around us, it’s easy to forget that transplants are still relatively new procedures.
In fact, the first ever successful living donor kidney transplant happened between two male twins in 1954. After this miraculous operation, the medical field adapted rapidly and started performing living donor transplants on segments of the liver, lungs, or intestines.
Now after 72 years of living donor transplants, some people have regretted their decision to donate. There can be potential problems during the recovery process that impact physical health and financial stability. And while most people would heavily consider helping their spouse, they might have chosen differently if they anticipated getting a divorce.
From Kidney Donation To Divorce Decrees
In 1990, Dawnell and Richard Batista were blissfully wed. Three kids and serious health issues later, Richard opted to donate one of his kidneys to his wife in 2001. It was enough to save her life, but not enough to save the marriage, as Dawnell filed for divorce a few years later.
So Richard sued Dawnell for his kidney back or financial compensation for his donated organ. The price tag? 1.5 million dollars.
That’s illegal. Not just in the state of Arkansas, but across the United States, due to the National Organ Transplant Act of 1984. Donating an organ is a gift to the recipient that cannot be returned. It’s not a conditional gift or marital property. It is a human body part and society stands firm that a value cannot be exchanged for body parts.
As you can imagine, Mr. Batista’s suit for the kidney was rejected. The judge considered Batista’s actions as extortion and warned him of criminal prosecution. Given that the National Organ Transplant Act applies to America as a whole, regardless of the state, no former spouse would receive a return investment on their donated organ in the event of a divorce.
Difficult Divorces Need Professional Legal Counsel
When you plan to spend eternity with one person, unraveling the ties that bind you together can be challenging. Who gets what, like the house, the couch, the joint bank account — when you get down to the fine details, there is a lot of marital property to distribute evenly.
Organs are not considered marital property, once a spouse has donated, the body part is considered a nonrefundable gift with no conditions applied. Even in the event of divorce, no matter how complicated and messy it may feel, you will not be able to ask for compensation.
Don’t worry; you’ve got options. If you’re presented with divorce papers, take the next step and set up a consultation with Hickey & Hull. Our team will help you navigate your divorce, so you can get back to enjoying the little things in life.