The Madras High Court has ruled that a mother need not undergo genetic testing to prove maternity in order to donate a kidney to her son. The court directed the State’s organ transplant authorisation committee to grant approval for the transplant within a week.
The case involved Rohit Kumar from Howrah, West Bengal, who was admitted to Apollo Hospital in Perungudi, Chennai, for a kidney transplant. His mother, Rita, came forward as the donor.
However, the Tamil Nadu government’s organ transplant authorisation committee declined to approve the surgery, citing that the mother-son relationship had not been established.
Challenging the refusal, Rita and Rohit Kumar approached the High Court. They submitted documents including Aadhaar cards, a family photograph and PAN cards to support their relationship, and argued that the patient’s condition had worsened and approval was urgently needed.
Justice G.R. Swaminathan accepted the submissions, stating that the materials produced were sufficient to be satisfied that Rohit is Rita’s son. The judge held that genetic testing was unnecessary and ordered the committee to issue approval within one week.
