A district court may authorize the donation of a kidney of a ward with an intellectual disability to a father, mother, son, daughter, brother, or sister of the ward if:
- (1) the guardian of the ward with an intellectual disability consents to the donation;
- (2) the ward is 12 years of age or older;
- (3) the ward assents to the kidney transplant;
- (4) the ward has two kidneys;
- (5) without the transplant the donee will soon die or suffer severe and progressive deterioration, and with the transplant the donee will probably benefit substantially;
- (6) there are no medically preferable alternatives to a kidney transplant for the donee;
- (7) the risks of the operation and the long-term risks to the ward are minimal;
- (8) the ward will not likely suffer psychological harm; and
- (9) the transplant will promote the ward's best interests.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 6.09, eff. September 1, 2023.