You want a divorce? All right - give me my fucking kidney back then!

[ManlyBanisters]

A US man divorcing his wife is demanding that she return the kidney he donated to her or pay him $1.5m (£1m) in compensation.

Dr Richard Batista told reporters that he decided to go public because he was frustrated at the slow pace of divorce negotiations with his estranged wife.

He said he had not only given his heart to his wife, Dawnell, but donated his kidney to save her life.

But divorce lawyers say a donated organ is not a marital asset to be divided.

Dr Batista married Dawnell in 1990 and donated the kidney to her in 2001. She filed for divorce in 2005 and a settlement has still not been reached.

http://news.bbc.co.uk/2/hi/americas/7818751.stm
​

What do you all think of this? Should he be allowed to do this? Does she owe him his kidney or the value thereof? In one sense I think he has no real right to demand the kidney back because he gave it to her freely at the time. When I split with my husband he initially wanted all the jewellery he ever gave me back. I refused, saying they were presents and were my sole property - and also if he got those back I wanted the jewellery I had given him back, not to mention the expensive stereo, gun, games consoles and PC accessories I had bought him over the years. He backed down.

This case isn't that different to my mind. Basically this guy is doing this in order to get his wife to settle. He is, in a sense legally (?) blackmailing her with this action because it is taking too long for them to come to reasonable divorce settlement - they've been divorcing since 2005.

Any thoughts?

 

[Not_Punny]

He's an Indian giver.

It was a gift. Just because she doesn't want to fuck him anymore, it doesn't mean she has to do pay him with money or her life.

 

[Gl3nn]

Like he'll ever see any money.

He shouldn't be allowed to do this and I don't think anyone would grant him the right to ask 1.5M

 

[D_Doewell Dadong]

He is (i hope) just trying to push things along. If he has been in the process of getting divorced for 3 years. I'd get frustrated too. I think its just a stunt. But if it isn't a stunt, and he does actually want it back (what would he do with it put it in a jar on the mantlepiece to look at) or try and claim the cash he is a knob. But i think its just a stunt,

 

[ManlyBanisters]

I hear what Gl3nn and N_P are saying but I think O_T's probably got the measure of the guy.

He is (i hope) just trying to push things along. If he has been in the process of getting divorced for 3 years. I'd get frustrated too. I think its just a stunt. But if it isn't a stunt, and he does actually want it back (what would he do with it put it in a jar on the mantlepiece to look at) or try and claim the cash he is a knob. But i think its just a stunt,

Yup - a stunt to make her settle - he doesn't want the kidney, not even that money, he just wants to settle and be done with it. She's stalling. We don't know what she is demanding or stalling over, that doesn't appear to be published. But I do believe he's trying to force her hand - and I sympathise with him in that regard. I'm still trying to coerce someone into divorcing me without both of us losing all our assets in a dumbass legal battle, it's a tough and frustrating process.

 

[Xcuze]

When u donate a human organ to anybody u shouldnt do so with any notions that its a negotiable item with monetary value. If u do so, tough shit. It was a gift given out of love.

Having said that, u cant blame him for using it to make whatever point he's making. She shouldnt be greedy considering he saved her life.

 

[D_alex8]

The report on this case at the Boston Globe site [link] uses the phrase: "he donated his kidney to save her life and their failed marriage", and generally seems to indicate that the marriage was already doomed prior to the kidney donation.

Which may explain somewhat why the kidney isn't being treated purely as a 'gift of love, given freely' in this case; it seems to have possessed 'bargaining chip' potential even before it left his body.

Personally, I'd give the kidney back to him, just so that he could find out how much longer probate can drag on in the courts than divorce does.

 

[rbkwp]

No-he should have no say in the matter
Given and gone i feel
NZ here 4 years ago a TV Personality gave a World known All Black a Kidney
(Jonah Lomu)
--imagine the Outcry if Grant asked for it back???(admit theyre not in a relationship) ..but
same thing .. i feel
enz

Our Patron - Jonah Lomu - Kidney Kids of New Zealand Support Group Inc.

 

[TurkeyWithaSunburn]

Publicity stunt to force the wife to settle.

 

[cason]

There's no way he can actually get her kidney back, and I wouldn't be surprised if they weren't both in on this to raise money from publicity they're both getting, before settling and riding off into opposite sunsets. If it's not the case and I was her I'd just buy a pig's kidney and pop it in his mail box on a note saying 'Fucking Have It!' Then retire to Costa Rica.

 

[nudeyorker]

I saw the bit on the local news last night, one of my first thoughts (as Alex pointed out) was it mentioned that he did it to save her life and their failing marriage. I don't think an organ is a bargaining chip to help a marriage grow unless he was lording the gift of the kidney by saying I saved your life now you have to love me.
My second thought since they are in drawn out divorce proceedings is that he is using the monetary value that has been placed on the kidney as leverage against a settlement.
My third thought is that the guy is just a jerk! Some people deserve to be cheated on!

 

[Drifterwood]

Didn't she start cheating on him she had recovered from the kidney transplant?

I don't see any reason why he shouldn't include the value of the kidney.

In fact I think she has a cheek to ask for anything after he gave her his kidney and life - what more can you ask from someone?

Has she moved in with the other Dr. she was fucking?

 

[Principessa]

He's an Indian giver.

It was a gift. Just because she doesn't want to fuck him anymore, it doesn't mean she has to do pay him with money or her life.

Agreed! In addition who decides what an organ is worth? Is a liver worth 3 million because you only have one? What about a lung? We have two of those, are they also worth $1.5 million?

 

[B_starinvestor]

Ahh, she owes him her life. The least the selfish whore can do is pay the guy...were it not for him, she'd be pushing up daisies.

 

[Drifterwood]

Agreed! In addition who decides what an organ is worth? Is a liver worth 3 million because you only have one? What about a lung? We have two of those, are they also worth $1.5 million?

Ahh, she owes him her life. The least the selfish whore can do is pay the guy...were it not for him, she'd be pushing up daisies.

I don't know a lot about divorce, I admit. But as I see it there are two scenarios, the first is where there are kids and then both parties have a responsibility to maintain the kids as best they can.

Then there is the issue of dividing the assets in a fair manner to reflect what each party has brought to the marriage. When one partner has not been the main bread winner I see that it is fair that value is given to the other things that a partner has brought. In this case, I don't see why you should discount the value of what the man brought, besides money, namely his kidney so that she could live.

If one partner is simply moving in with another partner, and from one bread winner to another, I really don't see why that person should expect to take a serious proportion of the wealth of the first partnership with them. They have a new bread winner and in fact are prejudicing the abandoned partner's ability to start again.

 

[MASSIVEPKGO_CHUCK]

Agreed! In addition who decides what an organ is worth? Is a liver worth 3 million because you only have one? What about a lung? We have two of those, are they also worth $1.5 million?

Well, dig it, the organ itself is probably not the really valuable thing this guy wants, altho, having your wife screw around on you after you give of yourself literally is enough to make anyone crazy.

 

[Amber1]

http://news.bbc.co.uk/2/hi/americas/7818751.stm​

What do you all think of this? Should he be allowed to do this? Does she owe him his kidney or the value thereof? In one sense I think he has no real right to demand the kidney back because he gave it to her freely at the time. When I split with my husband he initially wanted all the jewellery he ever gave me back. I refused, saying they were presents and were my sole property - and also if he got those back I wanted the jewellery I had given him back, not to mention the expensive stereo, gun, games consoles and PC accessories I had bought him over the years. He backed down.

This case isn't that different to my mind. Basically this guy is doing this in order to get his wife to settle. He is, in a sense legally (?) blackmailing her with this action because it is taking too long for them to come to reasonable divorce settlement - they've been divorcing since 2005.


This is the most ridiculous statement I have ever heard in my life!!!!

What an immature prick!! How can he put a value on a vital organ???

Even if they can no longer stand the sight of each other (and God knows I have been in that position!!) he did it to save her life!!!
Such a statement on his part is completely immoral and cheap.

Yes there divorce is taking forever and it could well be a stunt (allbeit a ludicrous one) to force things along on his part, but it still shows him up for what he is!!

Also he could well be holding things up a lot as well as there are two sides to every story, it might not be just her slowing things down.

There's no way he can actually get her kidney back, and I wouldn't be surprised if they weren't both in on this to raise money from publicity they're both getting, before settling and riding off into opposite sunsets. If it's not the case and I was her I'd just buy a pig's kidney and pop it in his mail box on a note saying 'Fucking Have It!' Then retire to Costa Rica.

LMAO!!! Sure he'd love that!! :biggrin1:

 

[dreamer20]

Any thoughts?

I think he should read The Merchant of Venice to see why he won't be allowed to get his kidney back. And as he gifted the kidney to her she does not have to return it.