Mother Can't Be Asked To Undergo DNA Test And Prove Maternity For Donating Kidney To Son: Madras High Court

Justice GR Swaminathan thus directed the Authorisation Committee of the Directorate of Medical Education and Research to permit a mother to donate one of her kidneys to her son, who was suffering from systemic hypertension chronic kidney disease stage-V and needed urgent kidney transplantation.

The court remarked that when the donor herself was saying that the recipient was her son, it was not understandable on why the request was ignored.

“When the Donor claims that the recipient/patient is none other than her own biological son, this Court is unable to understand as to why the request of the petitioners has been casually ignored,” the court asked.

In the present case, the authorisation committee had not approved the transplant, alleging that the relationship between the donor and the recipient was not established.

The mother argued that the order was passed in a mechanical manner without appreciating the documents filed and was thus arbitrary. It was also argued that while the request was rejected in the present case, similarly placed persons were granted approval and thus, the order was violative of Article 14 of the Constitution. 

The parties also argued that the order had not provided any appropriate reason or any further requirement for approving the request. It was thus argued that the order was violative of principles of natural justice.

It was also submitted that the son had to undergo dialysis thrice a week, causing him severe physical pain and approving the request expeditiously would save him from the pain. Thus, arguing that there was urgency, the parties had approached the court.

The court noted that the parties had produced the birth certificate of the son, along with the Aadhaar Card and the PAN card which showed that the mother was the wife of Ratan Lal Chaurasia and the son, Rohit Kumar Chaurasia, was also shown as son of Ratan Lal Chaurasia.

Applying the principle of preponderance, the court said that it was satisfied that the Rohit was the biological son of the mother, Rita Chaurasia.

“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,” the court said.

The court thus directed the authorisation committee to permit the mother to donate her kidney to the son and added that the entire exercise should be done without any delay so that necessary procedures for kidney transplantation could be done. The court also directed the Additional Government Pleader to inform the Authorisation Committee about the order.

Counsel for Petitioner: Mr. Abhinav Parthasarathy

Counsel for Respondent: Mr. L. S. M. Hasan Fizal Additional Government Pleader

Case Title: Rita Chaurasiya and Another v The State of Tamil Nadu and others

Citation: 2026 LiveLaw (Mad) 220

Case No: WP No. 20047 of 2026