Readers of this blog will remember my reporting of the medical doctor in
New York, who, in the context of his divorce, demanded the return of his
kidney (which had been transplanted into his wife) or be awarded its
exorbitant value. Recently, the New York trial court denied this claim.
The court found that although the definition of marital property is
considered to be elastic and able to encompass many forms of property,
the definition cannot be stretched to include donated organs. In
addition, New York makes it illegal for any person to knowingly acquire
for valuable consideration any human organ for use in human
transplantation. Family lawyers in West Palm Beach and around the
country will not be surprised by this result. Nevertheless, the claim
made by the disgruntled husband in this case demonstrates the lengths
that embattled spouses may go to in making claims in a highly contested
divorce. It will be interesting to see what additonal bizarre claims this
warring couple will make during the dissolution of their marriage. To
learn more about this decision, please click
here.
