Kerala HC rules transgender parents be designated just 'parent' in child's birth certificate

Kochi, June 2 The Kerala High Court on Monday ordered that the gender details of Kerala's first transgender parents in their child's birth certificate be changed from "mother" and "father" to just "parent" for both partners.

While the Pinarayi Vijayan government often says it is the first state government to have come out with a transgender policy, the transgender parents failed to get justice from the CPI-M ruled Kozhikode Corporation when they first approached it to modify their child's certificate, and then, took legal recourse.

A bench of Justice A.A.Ziyad Rahman passed the order on the plea by Zahhad, a transman (assigned female at birth but identifying as a man) and Ziya Paval, a transwoman (assigned male at birth but identifying as a woman), who are the first openly transgender couple in Kerala.

"This writ petition is disposed of directing the fifth respondent to issue a birth certificate with the modification by removing the columns of names of father and mother and by incorporating the names of the petitioners as parents without referring to their genders," the court ruled.

The transgender couple was in the news in February 2023 when Zahad gave birth to their child.

The birth certificate of the child registered by the Kozhikode Corporation recorded the mother's name as Zahad (transgender) and the father's name as Ziya (transgender).

Zahad and Ziya approached the Corporation to change the details in their child's birth certificate to indicate both of them as just 'parents' rather than mother and father.

But the Corporation authorities rejected their request, and the couple then approached the High Court seeking relief.

"Since scientifically there’s some contradiction in the fact that a male is giving birth to a child, the petitioners requested the authorities to avoid the name of father and mother but simply writing ‘parent’ to avoid further embarrassment which the third petitioner (child) would have to face during her life time viz. school admission, Adhar Card, PAN Card, Passport and various other documents including job and connected matters," the parents contended.

They also pointed out that the denial of such a certificate is a denial of their and their child's fundamental rights.

Moreover, the denial of the new certificate goes against the dictum laid down by the Supreme Court in the landmark NALSA case.

They further added that various other countries allow couples, especially same sex couples, to choose their title in their child's birth certificate from among 'mother', 'father' and 'parent'.

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