Human Interest Immigration/Law/Rights National

Kerala’s 1st trans parents move HC to change title from father, mother to ‘parent’ in child’s birth certificate

Joshna Sethi July 21, 2023

1 minute read

Kochi, July 21: State’s first transgender parents have moved the Kerala High Court to change details in their biological child’s birth certificate from ‘mother’ and ‘father’ to just ‘parent’.

Zahad, a transman (female at birth but identifies as a man) and Ziya Paval, a transwoman (assigned male at birth but identifies as a woman) are a transgender couple in Kerala.

In February, Zahad gave birth to their child. However, the birth certificate of the child registered by the Kozhikode Corporation recorded the mother’s name as Zahad (transgender) and 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 ‘parent’ rather than mother and father, but it was turned down by the authorities forcing them to approach the High Court.

“That the petitioners made such a request to the Kozhikode Corporation to avoid the name of father and mother on the birth certificate because the biological mother of the child has identified herself as male years ago and is living as male member in society. Since scientifically there’s some contradiction in the fact that male 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 would have to face during her life time viz. school admission, Aadhaar Card, PAN Card, Passport and various other documents including job and connected matters,” read the petition.

Denial of such a certificate is a denial of their and their child’s fundamental rights and goes against the dictum laid down by the Supreme Court, it further read.

Their petition pointed out that some countries allow couples, especially same sex couples, to choose their title in their child’s birth certificate from among ‘mother’, ‘father’ and ‘parent’ and all eyes will be on the court when it takes it up.