Stanley Medical College directed to perform renal transplantation without father's consent: HC
Madras High Court
Chennai: In a landmark ruling, the Madras High Court has directed Stanley Medical College to proceed with a renal transplantation for a minor boy, without insisting on the consent of his estranged father, who abandoned the family years ago.
The case came before the court when the patient’s mother filed a petition seeking a direction to Stanley Medical College to perform the renal transplantation of her son. She informed the court that she had been married in 2010 and had a son with her husband. However, in 2017, her husband deserted the family, leaving her to raise their son with the support of her brother.
In her petition, she stated that her son was diagnosed with Chronic Kidney Disease Stage V in March 2025 and had been undergoing Continuous Ambulatory Peritoneal Dialysis (CAPD). Given his deteriorating health condition, she sought a renal transplantation as the only viable option for his survival.
She explained that the Nephrology Department at Stanley Medical College had insisted on obtaining the father's consent for the renal transplantation, citing the legal requirements under the Transplantation of Human Organs and Tissues Act, 1994. However, she argued that this insistence was arbitrary and unreasonable, particularly since her husband had abandoned them and had shown no involvement in the child's care.
The Madras High Court, led by Justice M. Dhandapani, took serious note of the submissions made by the hospital authorities, who informed the court that they would hold a meeting to consider the mother’s request and take an appropriate decision on the matter.
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According to Live Law, "This Writ Petition is disposed of, with a direction to the respondents 3 and 4 to give appropriate treatment for renal transplantation to the petitioner's son Joshua forthwith, without insisting any unreasonable demand from the petitioner, within a period of two (2) weeks from the date of receipt of a copy of this order," the court said.
In response to the court's directions, the hospital’s authorities confirmed that a meeting would be held to assess the situation and make a final decision regarding the patient's treatment. They assured the court that appropriate care would be provided to the patient in compliance with both legal and medical requirements.
