In a unique legal case, the Kerala High Court has stepped in to name a three-year-old child after her estranged parents could not reach an agreement on her name. The court's decision, invoking its "parens patriae" jurisdiction, emphasizes the paramount importance of the child's welfare over the rights of the parents.
The case originated when school authorities refused to accept the birth certificate of the three-year-old girl during her admission because it lacked her name. Subsequently, her mother, with whom the child currently resides, attempted to register a name for the child. However, the Registrar of births and deaths insisted on the presence of both parents to register the name, leading to a dispute.
With the parents unable to come to a consensus on the child's name, the mother sought relief from the High Court. The child was born on February 12, 2020, and the relationship between the parents had deteriorated.
In its order dated September 5, 2023, the Kerala High Court underscored the principle that the welfare of the child takes precedence over the rights of the parents when invoking its "parens patriae" jurisdiction. The court's decision to name the child considered factors such as the child's well-being, cultural considerations, parental interests, and societal norms.
The term "parens patriae" signifies a legal principle wherein the state or the court assumes a protective role over its citizens, particularly when the welfare of a child is at stake. In this case, the court deemed it necessary to exercise this jurisdiction to select a suitable name for the child.
Justice Bechu Kurian Thomas, who presided over the case, directed that the name suggested by the mother should be given due importance, given her custodial role, while also incorporating the father's name due to the absence of any dispute regarding paternity.
The court also ruled that either the father or mother of a child could apply for the registration of their child's name without requiring the consent of the other parent. If either parent desired a name change, they could pursue legal avenues to do so.
Furthermore, the court invalidated a 2016 government circular that had granted the right to correct a child's name to the parent with custody, asserting that the government lacked the authority to issue such a circular.
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