CHENNAI: Madras high court has allowed a woman from West Bengal to donate one of her kidneys to her son, rejecting the Directorate of Medical Education and Research’s demand that a DNA test be conducted first to establish that she was indeed the patient’s biological mother.
“When the donor claims that the recipient 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,” remarked Justice GR Swaminathan on Friday.
Referring to a similar case heard by him earlier, the judge said he had held that when a non-relative makes a statement that the donation is out of altruism and not for commercial consideration, the said statement cannot be challenged.
The judge pointed out that the birth certificate, PAN and Aadhaar clearly established that the donor and recipient were biological mother and son. “Applying the principle of preponderance of probabilities, I am satisfied that the petitioners are biological mother and son,” the judge said, directing the authorisation committee to grant permission to the mother to donate one of her kidneys to her son.
“The said exercise shall be done without any delay so that the necessary procedures for kidney transplantation can be done forthwith, preferably by next week,” the judge ordered.