Taking back my kidney after divorce

My wife was critically ill and needed a kidney transplant. Out of love, I donated mine. During the time of her sickness, I felt so lonely and fell into the trap of another woman whom I don’t love. I confessed to my wife about this, thinking it was the right thing to do. However, I regret this now. My wife has refused to forgive me. Soon after recovering, she filed for divorce. I feel betrayed and want my kidney back. Is there any legal way to reclaim it?

KL, Arusha

This is a deeply emotional situation, but sometimes the law does not align with our emotions. According to medical guidelines that we have reviewed, organ donation is treated as a voluntary and irrevocable gift in Tanzania. This principle is also observed in other countries.

Once you donate an organ, it becomes the recipient’s property, and there is no legal mechanism to demand its return. The Law of Marriage Act, Cap. 29 [R.E. 2023] governs divorce proceedings, focusing on the division of matrimonial property, custody of children, and maintenance. It does not extend to undoing medical procedures or reclaiming donated organs. Medical ethics also forbid such an idea. Surgeons perform transplants under strict ethical rules, and removing a transplanted organ after donation would not only be medically impossible but also legally and morally unacceptable. The betrayal you feel is real, but the Courts cannot undo biology. What you can pursue is a fair divorce settlement under the Law of Marriage Act, by ensuring that property and parental responsibilities (if any) are divided equitably. The kidney, however, remains with your wife permanently. Consult your lawyer for further guidance.