According to The Transplantation of Human Organs Act 1994, only adults and deceased minors are allowed to donate organs.
Bar and Bench reported that the family had written to the Health Secretary of the Uttar Pradesh (UP) government in this regard on Tuesday, and filed the instant plea through Advocate Seshatalpa Sai Bandaru on Thursday.
The plea, filed on 8 September, was urgently mentioned before the bench led by CJI UU Lalit and Justices S Ravindra Bhat and PS Narasimha.
The counsel of the petitioner submitted that the boy's father is in critical condition, and the only way to save his life is through liver donation and that the son is willing to donate.
The SC said in its order, "In terms of the statute governing the issue, the donor has to be a major."
The bench will still take up the matter on Monday, 12 September, and has directed that a responsible officer from the Health Department for the State of Uttar Pradesh shall remain present.
The order added, "In the meantime, the petitioner may present himself before the concerned hospital, which may do preliminary tests whether he can be a donor and whether the donation of an organ in the present case would otherwise be feasible and permissible."
(With inputs from Bar and Bench)