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Acknowledging the violation of the petitioner’s right to privacy and dignity, Kerela High Court has recently observed that there is no rhyme or reason in requiring a single/unwed mother to provide the name of the father of the child, conceived through Assisted Reproductive Technologies (ART), in the form prescribed for registration of birth and death.

The Single-Judge Bench of Justice Sathish Ninan went on to say that,

“Requiring the petitioner to leave the column regarding the details of father as blank, the issuance of a certificate of birth or certificate of death leaving the space provided therein regarding the details of the father as blank, necessarily affects the right of dignity of the mother as well as the child.”

Observing the abovementioned, the Court directed the State of Kerala to provide appropriate forms for registration of births and deaths of children born through such procedures, and for issuance of birth/death certificates.

Matter in Brief

The petitioner got divorced on November 27, 2020. On January 29, 2021, she opted to get conceived by In Vitro Fertilization (in short, “IVF”) procedure. The identity of the sperm donor was not disclosed to the petitioner and kept anonymous. The petitioner before the Court raised her concerns about the fulfillment of certain formalities for registration of the birth of the child, on delivery.

She contended that the form format for registration of births and deaths as prescribed by the State of Kerala contains columns that require disclosure of the name of the father of the child, however, she cannot be required to provide the name of the father, for multiple reasons such as (i) The identity of the sperm donor is kept anonymous and has not been and could not be disclosed even to the petitioner, (ii) such requirement intrudes upon her right of privacy, liberty, and dignity.

Court’s observations

Taking note of the directions issued by the Ministry of Home Affairs, GOI, to have the birth of the child of a single parent/unwed mother to be registered showing the name of the single parent in the birth record leaving the name of the other parent blank, the Kerala High Court observed that,

“The right of a single parent/unwed mother to conceive by ART having been recognized, prescriptions of forms requiring mentioning of name of father, the details of which is to be kept anonymous, is violative of the fundamental rights of privacy, liberty and dignity.”

Stressing that it is for the State to provide appropriate forms for registration of births and deaths of children born through such procedures, the stated,

“By the passage of time, evolution of techniques, change in life style and personal choices recognized by the Rule of Law, appropriate modifications/changes/ additions/alterations need to be made in Statutes, Rules and the forms prescribed thereunder.”

Court’s order

Allowing the petition and directing Advocate General's Office to have the needful done without delay, the Court directed the State Government and Chief Registrar of Birth and Death to take immediate steps to have separate forms prescribed for registration of births and deaths and for issuance of certificates in cases relating to conception through ART procedure of single parent/unwed mother.

(Case Title: Xxxxx Vs. State of Kerala and Ors. )