Are donated organs community property?  That is today's legal question for enquiring legal minds.

We've all heard about the post martial spat over who gets to keep Fifi the poodle.  What about when one spouse demands the return of a transplanted organ?

Believe it or not, that's the question in a pending New York divorce action.  I personally found it so hard to believe I read several online reports to verify this strange case.  In the divorce action, the husband, a medical doctor, took care of his wife while her kidneys were failing, including finally donating one of his own kidneys.  After the successful transplant operation, the wife's health dramatically improved--enough to take karate lessons.

She injured herself during the karate lessons but the good news was that she promptly began physical therapy for her injuries.  The physical therapy was apparently very thorough because the wife allegedly had an affair with the therapist.

As part of the divorce, the husband now wants his kidney returned or, in lieu of a used body part, 1.5 million dollars.  I suspect the law is against him.

Be very careful when you make the decision to donate body parts to loved ones.  If there's a falling out, and you want it returned, you may not have a leg to stand on in court.

Posted by Joseph R. McFaul on Thursday, January 08, 2009 at 12:00 Comments Closed (0)

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