SINGLE MOTHER MOVES TO KERALA HC DEMANDING REMOVAL OF COMPULSORY FATHERS' DETAILS FOR THE BIRTH AND DEATH CERTIFICATE OF A PERSON

A soon-to-be single mother moved to the Kerala HC, challenging the requirements issued under the Kerala Registration of Birth and Death Rules, 1999. As per the requirements, it is compulsory to give the details of the father of the child for the purpose of registration of birth and death certificate of a person.

The Petitioner became pregnant by way of In-vitro fertilisation (IVF). This process involves insemination by an anonymous donor whose identity is not disclosed even to the petitioner. However, the Act makes it compulsory to provide details of the father. 

The Petitioner contended that the rules are violative of the 14 - right to privacy of the constitution. The provisions of the Act are unjust to single mothers and children born to single mothers. The provision of only showing the man's name on the child's birth or death certificate is arbitrary and illegal since the petitioner herself has not received the details of the sperm donor. 

The Petitioner further argued that being a single mother is a personal choice, and therefore her child is entitled to their right to privacy. Moreover, exclusion of a mother’s details from a child's birth and death certificate is discrimination based on sex, which violates Article 14 of the Constitution.

The Petitioner prayed that the requirement of entering the details of the fathers be removed from birth certificates.

Author: Papiha Ghoshal