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Advocate Cert

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Aniruddha Koparkar
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20 views

Advocate Cert

Advocate certificate format

Uploaded by

Aniruddha Koparkar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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To,

Aureus Institute of Medical Sciences,

Nagpur

Reference: Legal opinion about the Skin transplantation of


Mrs. Sarita Ashish Pise (Recipient)

Sir,

In pursuance of your letter of seeking legal opinion in respect of proposed


Skin transplantation operation between Mrs. Sarita Ashish Pise (Recipient) W/O:
Mr. Ashish Rangrao Pise & D/O Mr. Devendra Bhuruji Samrit, R/O C/o Ashish Pise,
Sant Kabir Ward, Tirora, Gondiya, Maharashtra, 441911 . And Mr. Akshay
Devendra Samrit (Donor) R/o, ward no. 4, house no. 1385, ghogli road, taywade
college road, Adarsh Nagar, mahadula, koradi colony, Nagpur, Maharashtra –
441111. I have carefully scrutinized all the relevant documents forwarded by you.

The transplantation of human organs for therapeutic purposes is to be


made within ambit of the transplantation of Human Organs Act, 1994 further
amended in 2011 (Herein after referred as said Act for the sake of brevity). I have
perused the documents pertaining to the legal provisions laid down in the said
Act.

In this case the donor and recipient are Father and Son which comes under
the definition of “RELATED” chapter II Sec 3 of the said Act. The identity cards of
donor and recipient are on record i.e., Aadhar Card; I card issued by election
commission, Ration card are perused. So also, the affidavit duly sworn of the
donor and recipient and their near relatives asserts about the claimed
relationship. Perused the certificate of genetic relationship issued on test results
of HLADNA profiling, which supports the claimed relationship between the donor
and recipient as SISTER and BROTHER. I am of the opinion that the recipient and
donor are BROTHER and SISTER.
The required pathological and other medical tests are carried out, the
donor and recipient found to be compatible biologically. That, it reflects from the
affidavit of donor his father and other close relatives, the decision of donor is
voluntary. It is quite natural that out of love and affection and on humanitarian
ground present donor i.e., Brother has willingly taken decision of donating portion
of skin to his sister. The affidavits of donor himself and his other near relatives,
shows the donor has taken voluntary decision.

One of the aims of the Act is to prohibit commercial dealings. That,


considering the overall background and the relationship between the donor and
recipient, I think there is no room for doubt that, there is any commercial
transaction in the proposed transplantation.

That over circumstances shows that the donor has taken decision to donate
his portion of skin with free will, without any force coercion. Needless to mention
that the donor is physically and mentally fit. Certificate issued by Dr. Ashish Kuthe
shows that donor is of normal intelligence, and fit for donating portion of skin for
proposed transplantation.

All the requisite forms and duly filled up, signed by respective parties, duly
notarized. There are sufficient documents showing and establishing their
respective identity of recipient and donor, and their residential address. The
proposed recipient is suffering from mixed type of thermal burns with burn
percentage of 75% as per burn report diagram is on record.

As an abundant precaution I am of the opinion that the donor, recipient and their
close relatives may be called personally either before Local Authorization
Committee of the Hospital or approval of the chairman Authorization committee
and Dean Government medical college Nagpur may be taken. I am of opinion that
there is no legal hurdle in the proposed transplantation

Yours Truly

Date: ____________________

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