Single mother submitted that she is not interested in disclosing the father’s name and does not want to be compelled to do so.
A 31-year-old Nalasopara Resident who had a daughter through a sperm donor has approached Bombay HC seeking a birth certificate for her child without father’s name.
Advocate appearing on her behalf submitted before Bench comprising of Justice Abhay Oka and Justice Pradeep Deshmukh that,“The child is a test tube baby. Sperms were obtained from an unknown person,” her advocate Uday Warunjikar told .
Advocate thus urged High Court to allow the petition to be amended to bring these facts on record.
Bombay HC has thus directed Brihanmumbai Municipal Corporation (BMC) to reply to her petition.
In her petition, woman has stated that she is unmarried. She became pregnant and delivered a girl child in August 2016. She also said she is capable of taking care of the child.
“However the petitioner wanted that the name of the child’s father should not come on record,’’ it said.
The Woman sent a notice to the BMC’s P North (ward office) which was acknowledged in December. Her petition said since there was no communication or decision from BMC she moved the HC.
Petitioner has relied on a 2015 Supreme Court judgment which says that if a single parent/ unwed mother applies for a birth certificate for a child , the authorities may only require her to furnish an affidavit to that effect.
On basis of the above judgment, Petitoner stated that,“The judgment is binding on the respondents (BMC). However, the respondents have failed, avoided and neglected to comply with the said SC direction,’’ her petition stated.
HC Bench has directed BMC to produce birth record register at next hearing in March,2018. Noting that BMC has not replied to the earlier notice issued, judges made it clear that no further time will be given to it.