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Court Rules: Birth Docs Enough for Kidney Donation
22 May
Summary
- Mother's maternity for kidney donation needn't be proven by DNA.
- Birth certificate, Aadhaar, and PAN cards suffice to prove relationship.
- Madras High Court directed approval for transplantation within a week.
The Madras High Court has ruled that a mother does not need to undergo a DNA test to prove her maternity for the purpose of donating a kidney to her son. The court stated that official documents such as a birth certificate, Aadhaar card, and PAN card are sufficient to establish the familial relationship.
This ruling was made in a case involving Rita Chaurasiya and her son Rohit Kumar Chaurasia from Howrah, West Bengal, who were seeking a kidney transplantation at a Chennai hospital. The authorisation committee had previously denied approval, questioning the mother-son relationship despite the submission of medical records and identity documents.
Justice G.R. Swaminathan found the documentary evidence provided by the petitioners to be more than adequate. Applying the principle of preponderance of probabilities, the judge was satisfied with their relationship. Consequently, the court set aside the committee's prior order and directed them to grant permission for the renal transplantation within a week.
