Kerala HC rules trans parents be listed as 'parent' in birth certificate
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Kochi: The Kerala High Court on Monday ruled that the gender identifiers on the birth certificate of Kerala's first transgender parents should be changed from "mother" and "father" to "parent" for both individuals.
Despite Kerala's claim of being the first state to implement a transgender policy, the couple initially faced resistance from the CPI-M-led Kozhikode Corporation, which denied their request for modification. Left with no alternative, they sought legal recourse.
Justice A.A. Ziyad Rahman issued the order in response to a plea by Zahhad, a transman (assigned female at birth but identifying as male), and Ziya Paval, a transwoman (assigned male at birth but identifying as female), who are Kerala’s first openly transgender couple.
"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, originally listed Zahhad as the mother (transgender) and Ziya as the father (transgender).
Seeking a gender-neutral designation, the couple requested the corporation to modify the document so that both were identified simply as "parents" rather than as mother and father.
However, the Corporation denied their request, prompting Zahhad and Ziya to take legal action and approach the Kerala High Court for 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'.
(inputs from IANS)
