US man Richard Batista is demanding his estranged wife give him back his kidney or what he considers to be the value of his kidney in an odd twist in a divorce settlement. Richard Batista has demanded the return of his kidney or the sum of $1.5million dollars (approximately £1 million).
Richard and Dawnell Batista were married in August 1990. Richard a doctor, qualifying in 1995, offered his wife one of his kidney in 2001 after two failed kidney transplants.
Mr Batista explained that at the time of the transplant his marriage was in trouble as a result of his wife’s illness. Therefore, his main concern was to get her fit and well and to then work on their marriage.
The kidney transplant took place in Minnesota Medical Centre in June 2001 and was success. Dawnell fully recovered from the operation and her illness. However, in July 2005, Dawnell Batista filed for divorce. Since this date both Richard and Dawnell have been in the process of dividing their assets. Of which Richard is trying to include his kidney as one of them. Many divorce lawyers in the USA have confirmed that an organ donated is not a martial asset and therefore cannot be included in the settlement of a divorce.
Richard understands the health implications of his wife returning his kidney which is why he has provided an alternative in the sum of $1.5million.
However, this case has been considered by medical ethicists who have confirmed that it is illegal in the USA to sell organs or for them to be exchanged for anything of value. In the USA donating an organ is seen as a gift. Therefore, once you have given a gift you can’t get it back. It is believed that it will be viewed that the kidney belongs to Dawnell now, not to mention the life threatening consequences returning the kidney could have for Dawnell.
The case is currently being heard in the Supreme Court in Mineola New York and we await the Court’s decision.