Introduction
The Madras High Court has held that a mother cannot be compelled to undergo a DNA test to establish maternity while seeking permission to donate her kidney to her son.
The Court directed the Authorisation Committee of the Directorate of Medical Education and Research to permit the kidney donation after finding sufficient documentary evidence proving the mother-son relationship.
Legal Issue
The issue before the Court was whether a mother seeking to donate her kidney to her son could be required to undergo a DNA test to prove maternity despite producing official identity and birth records establishing the relationship.
The petitioners challenged the rejection of approval by the Authorisation Committee, which had stated that the relationship between the donor and recipient was not satisfactorily established.
Background
The case involved a mother seeking permission to donate one of her kidneys to her son, who was suffering from systemic hypertension chronic kidney disease stage-V and urgently required transplantation.
The petitioners argued that the rejection order was passed mechanically without properly considering the documents placed before the authorities. They further contended that similarly placed applicants had received approval, making the rejection arbitrary and discriminatory under Article 14 of the Constitution.
The petitioners also submitted that the son was undergoing dialysis three times a week and was suffering severe physical pain. They stressed that any delay in approval would adversely affect his health and survival.
Before the Court, the petitioners produced the son’s birth certificate along with Aadhaar and PAN records showing the family relationship between the mother, Rita Chaurasia, and the recipient, Rohit Kumar Chaurasia.
Court’s Decision
Justice G. R Swaminathan observed that when the donor herself clearly stated that the recipient was her biological son, there was no justification for the authorities to casually disregard the request.
The Court applied the principle of “preponderance of probabilities” and held that the available records sufficiently established the biological relationship between the parties.
The Bench remarked that compelling the mother to undergo a DNA test in such circumstances was unnecessary and unjustified.
The Court noted that the birth certificate, Aadhaar card and PAN card collectively demonstrated that the recipient was the son of the donor and that these documents were adequate to establish maternity.
Finding the rejection unsustainable, the Court directed the Authorisation Committee to immediately permit the kidney donation and ensure that the transplantation procedures were completed without delay.
The Court also instructed the Additional Government Pleader to communicate the order to the Authorisation Committee for urgent compliance.
Conclusion
The Madras High Court reaffirmed that authorities cannot insist on unnecessary medical procedures like DNA testing when reliable documentary evidence sufficiently establishes a biological relationship.
The ruling highlights the need for a humane and practical approach in organ transplantation matters, especially in urgent medical situations involving close family members.
Case Name
Rita Chaurasiya and Another v. The State of Tamil Nadu and Others
