Maternity Test Not Needed To Donate Kidney To Son: Madras HC
Applying the principle of preponderance of probabilities, the Court said it was satisfied that Rohit is the biological son of Rita Chaurasiya. Therefore, the mother cannot be compelled to undergo a DNA test to prove maternity, the judge held.
Chennai: The Madras High Court on Thursday set aside the State Authorisation Committee’s order rejecting a mother’s request to donate her kidney to her son, holding that she could not be forced to undergo a DNA test to prove maternity.
Justice G.R. Swaminathan was hearing a writ petition filed by Rita Chaurasiya and her son Rohit Kumar Chaurasiya of Howrah, West Bengal. Rohit, who suffers from chronic kidney failure, had travelled to Chennai for an emergency transplant at Apollo Speciality Hospital, Perungudi. His mother agreed to donate one of her kidneys. The application was placed before the Tamil Nadu Authorisation Committee under the Directorate of Medical Education and Research.
On April 17, 2026, the Committee refused approval because the relationship between donor and recipient had not been established. Challenging the order, the mother and son approached the High Court. The petition first came up before the vacation Bench on May 20 and was posted to May 29.
However, citing Rohit’s deteriorating medical condition, the petitioners mentioned the matter on the afternoon of May 21 and sought an urgent hearing, and the HC took it up the same day. During the hearing, the petitioners produced Rohit’s birth certificate along with Aadhaar and PAN cards of both mother and son.
The documents showed Rita Chaurasiya as the wife of Ratan Lal Chaurasiya, and Rohit as the son of Ratan Lal Chaurasiya.“When the donor claims that the recipient is none other than her own biological son, this Court is unable to understand why the request has been casually ignored,” Justice Swaminathan observed.
Applying the principle of preponderance of probabilities, the Court said it was satisfied that Rohit is the biological son of Rita Chaurasiya. Therefore, the mother cannot be compelled to undergo a DNA test to prove maternity, the judge held.
Allowing the writ petition, the Court directed the authorities to complete the necessary formalities without delay so the transplant could be carried out preferably by the following week.