Create separate birth forms for Kids born to single Mothers, says High Court

On Monday, the High Court of Kerala directed the State Govt to prepare separate birth & death forms for children born to single unwed mothers through the assisted reproductive technology (ART) which didn't carry details of the father.

The Court held that since the right of single mothers to conceive through ATR & other procedure is recognised the column regarding the father’s details in birth certificates violates the right to privacy, liberty & dignity of mothers. It directed the Govt to create separate forms for such mothers at the earliest.

The direction came on the plea of a divorced woman, who later conceived through In Vitro Fertilisation procedure. While filling the form for birth certificates, father’s details are must under the Kerala Registration of Birth & Deaths Act (1970).

The petitioner contended that she received the sperm from a sperm bank & even she has no idea about the contributor & repeated requests to fill the form in full (with father’s details) intrudes upon her privacy & liberty. She also said the certificate leaving the father’s details as blank will lead to further questions in future & it will affect her privacy & dignity. Later the court agreed to her contention.

“It falls within realm of the right of privacy. There is no rhyme or reason to insist to provide the name of the father in the form prescribed for registration of birth & death. Leaving the father’s column blank will later affect the mother & child’s dignity,” the court said directing the government to prepare separate forms for such mothers.

“By the passage of time evolution of new technique, change in lifestyle & personal choices recognised by the rule of law need appropriate modifications/changes & additions,” the court observed. Since the petitioner is in the 8th month pregnancy the court directed the Govt to take immediate steps.

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