The Madras High Court has directed Tamil Nadu’s Authorization Committee to immediately approve a kidney donation by a mother to her son, holding that she cannot be compelled to undergo a DNA test to establish maternity when documents already prove the relationship.
Justice G.R. Swaminathan passed the order while hearing a plea filed by Rita Chaurasiya and her son Rohit Kumar Chaurasia, who approached the court after the committee refused permission for the transplant procedure.
Background of the Case
According to the petition, Rohit Kumar Chaurasia was suffering from serious renal complications and urgently required a kidney transplant at Apollo Speciality Hospital in Chennai. His mother, Rita Chaurasiya, volunteered to donate one of her kidneys.
However, the Authorization Committee rejected the request on April 17, 2026, stating that the relationship between the donor and the recipient had not been satisfactorily established. The family then moved the High Court challenging the decision.
During the hearing, Justice Swaminathan questioned why the committee had “casually ignored” the claim of a mother seeking to donate her kidney to her biological son.
The court referred to earlier judgments dealing with organ donation approvals and observed that authorities should not adopt an excessively rigid approach unless there is material suggesting commercial dealings.
Quoting from a previous ruling, the bench noted,
“If the donor states that out of love and affection, he / she is making the donation, in the absence of any credible reason, the averment should not be doubted.”
The judge also reiterated observations made in earlier cases that organ donation laws were not meant to block genuine donations and that authorities must avoid arbitrary decision-making.
The High Court examined the records placed by the petitioners, including the birth certificate, Aadhaar cards and PAN cards. The documents showed that Rita Chaurasiya was the wife of Ratan Lal Chaurasia, while Rohit Kumar Chaurasia was listed as his son.
Applying the legal principle of “preponderance of probabilities,” the court concluded that the relationship had been sufficiently established.
“The 1st petitioner should not be called upon to undergo DNA Test to prove maternity,” the court observed while setting aside the committee’s earlier decision.
Allowing the writ petition, the High Court directed the Authorization Committee to grant permission for the kidney donation without delay so that the transplant procedure could proceed at the earliest, preferably within the following week.
The court further instructed the government counsel to immediately inform the committee about the order since its next meeting was scheduled for May 22, 2026. The petition was disposed of without costs.
Case Details
Case Title: Rita Chaurasiya & Anr vs State of Tamil Nadu & Ors
Case Number: WP No. 20047 of 2026
Judge: Justice G.R. Swaminathan
Decision Date: May 21, 2026
