Madras High Court Directs Medical College Not To Insist On Consent Of Estranged Father For Minor's Organ Transplant
The Madras High Court has directed the authorities of Stanley Medical College to give appropriate treatment for renal transplantation to a minor boy without insisting on the consent of his father, who had abandoned the family. Justice M Dhandapani took note of the submissions of the hospital's counsel, who informed the court that it would conduct a meeting and take an appropriate...
The Madras High Court has directed the authorities of Stanley Medical College to give appropriate treatment for renal transplantation to a minor boy without insisting on the consent of his father, who had abandoned the family.
Justice M Dhandapani took note of the submissions of the hospital's counsel, who informed the court that it would conduct a meeting and take an appropriate decision in this regard.
"This Writ Petition is disposed of, with a direction to the respondents 3 and 4 to give appropriate treatment for renal transplantation to the petitioner's son Joshua forthwith, without insisting any unreasonable demand from the petitioner, within a period of two (2) weeks from the date of receipt of a copy of this order," the court said.
The court was hearing a petition filed by the minor's mother seeking directions to the hospital to conduct renal transplantation of her son without insisting on the father's consent. She informed the court that she had gotten married in 2010, and the minor son was born to them out of wedlock.
She further submitted that in 2017, the husband deserted them and ever since she has been raising the son with the help of her brother. She submitted that in March 2025, her son was diagnosed with chronic Kidney Disease Stage V, and he had been taking treatment of Continuous Ambulatory Peritoneal Dialysis (CAPD).
She submitted that on May 5, 2025, the Head of Department, Nephrology Department issued a letter stating that the father had to give consent and sign the document for legal purposes for renal transplantation under the provisions of the Transplantation of Human Organs and Tissues Act, 1994. She argued that this insistence was arbitrary, unreasonable, and violative of the child's right to life under Article 21 of the Constitution.
The respondent authorities submitted that the request would be considered and appropriate care would be given to the minor boy. It was also submitted that the Hospital would conduct a meeting and take a decision with respect to the minor boy's treatment.
Considering the respondent's submission, the court disposed of the plea, directing the hospital to give treatment to the minor boy without insisting on any unreasonable demand from the mother.
Counsel for Petitioner: Mr. B. M. Subash
Counsel for Respondent: Mr. E. Sundaram Government Advocate, Mr. S. Balaji Government Advocate
Case Title: A. Kasthuri v. The State of Tamil Nadu and Others
Citation: 2025 LiveLaw (Mad) 315
Case No: W.P.No.35940 of 2025