Mother Can’t Be Asked To Undergo DNA Test To Prove Maternity To Donate Kidney To Son: Madras High Court
The Petition before the Madras High Court was filed seeking approval of the consent provided by a mother for a kidney transplant.
The Madras High Court has held that a mother should not be asked to undergo a DNA Test to prove maternity in order to donate her kidney to her son, who has renal issues.
The Writ Petition before the High Court was filed seeking a direction to the Authorisation Committee to approve the consent provided by a mother to transplant one of her kidneys to her son.
The Single Bench of Justice G. R. Swaminathan held, “Applying the principle of preponderance of probabilities, I am satisfied that the 2nd petitioner is none other than the biological son of the 1st petitioner. Therefore, the 1st petitioner should not be called upon to undergo DNA Test to prove maternity.”
Advocate Abhinav Parthasarathy represented the Petitioner, while Additional Government Pleader L.S.M.Hasan Fizal represented the Respondent.
Factual Background
The second petitioner, having renal issues and requiring emergent kidney transplantation, had come down to Chennai to undergo the requisite procedure in the respondent Hospital. The first petitioner, who is the mother of the patient, had come forward to donate one of her kidneys. The necessary applications were placed before the second respondent/Authorisation Committee. The Authorisation Committee did not approve on the ground that the relationship between the donor and the patient was not established. The writ petition was filed challenging the stand of the Authorisation Committee.
Reasoning
Referring to a typed set of papers, the Bench noted that the same established that the first petitioner is none other than the mother of the second petitioner.
The Bench was of the view that the mother should not be called upon to undergo a DNA Test to prove maternity.
The Bench ordered, “The 2nd respondent is directed to grant permission to the 1st petitioner to donate one of her Kidneys to the 2nd petitioner forthwith. The said exercise shall be done without any delay so that the necessary procedures for kidney transplantation can be done forthwith, preferably by next week”, it ordered.
Setting aside the impugned order of the Authorisation Committee, the Bench directed it to grant permission to the mother to donate one of her kidneys to her son forthwith. “The said exercise shall be done without any delay so that the necessary procedures for kidney transplantation can be done forthwith, preferably by next week”, it ordered.
Cause Title: Rita Chaurasiya v. The State of Tamil Nadu (Case No.: WP No. 20047 of 2026)