The Guardian website published a story about a New York doctor who in the ultimate show of love and commitment, donated his kidney to his wife, but now that they are getting a divorce, he wants the organ back, or at least its estimated value (1.5M) as part of the divorce settlement.
The doctor indicated that his marriage was on the rocks when after two failed kidney transplants, he decided to donate his kidney to his wife. He did so, he says, to save his wife’s life, but also to save their marriage. The transplant did save the wife’s life, but she still wanted the divorce.
The case, which is being heard before the Supreme Court in Mineola, New York, is one of the first of its kind, but the experts consulted in the article feel the case doesn’t hold much water.
A medical ethicist at Georgetown University’s Kennedy Institute of Ethics stated, “It’s illegal for an organ to be exchanged for anything of value”. Organs in the US may not be bought or sold. Donating an organ is a gift and legally “when you give something, you can’t get it back”, he said.
Even more importantly, explained Arthur Caplan, member of the University of Pennsylvania’s Centre for Bioethics, ‘No reputable surgeon would perform such a transplant and no court could compel a person to undergo an operation.’
While this story does border on the outrageous side, it does offer us a glimpse of how bitter and heated divorce proceedings can become. Couples on the road to divorce often bring their baggage with them to the negotiating table, and it is usually difficult for a couple to agree on the final disposition of their shared assets. Division of property can be extremely complex, with implications for your retirement savings, your taxes and ultimately, your financial future. It can also be one of the most contentious and difficult parts of dissolving a marriage.
The skilled California divorce attorneys at Wallin & Klarich have extensive experience helping those going through a divorce make sound choices regarding the distribution of their assets. Our attorneys can guide you through this difficult process, representing your interests at every turn. Contact us today for a consultation of your situation at 1-888-749-7428. We can help you during this very difficult time in your life.
