The purpose of this Note is to explore the issues surrounding parental consent for a surgical invasion of one child to save the life of a sibling. This Note focuses on the courts role in permitting organ transplantation. In addition, it will discuss the new developments in medical science regarding living donors and the concept of transplantation of regenerative organs and the possible impact on the court. Next, this Note analyzes the elements of duty to rescue, best interest and substituted judgment and the court's use of the various tests to justify invasion of a child's body. This Note examines a recent case in Illinois in which the court was presented with a unique and unprecedented issue: whether a state interest exists when parents cannot agree in determining if their child should undergo an invasive procedure to save the life of another. Finally, this Note concludes by considering the future implications in organ donation circumstances which may result in judicial interventions to save the life of another.
Note, At What Cost Will the Court Impose a Duty to Preserve the Life a Child, 39 Clev. St. L. Rev. 577 (1991)