Thiruvananthapuram:
The Kerala high court on Monday directed the state government to prepare at the earliest separate birth and death forms that didn’t carry details of the father for children born to single, unwed mothers through assisted reproductive technology (ART).
The court held that since the right of single mothers to conceive through ART and other procedure is recognised, the column regarding the father’s details in birth certificates violates the right to privacy, liberty and dignity of mothers.
The direction came on the plea of a divorced woman, who later conceived through in-vitro fertilisation or IVF. The father’s details are mandatory under the Kerala Registration of Birth and Deaths Act, 1970.
The petitioner contended that she received sperm from a sperm bank and had no idea who contributed it, so repeated requests to provide the father’s details intrude upon her privacy and liberty. She also said a certificate that would leave the father’s details blank would raise questions in the future, affecting her dignity.
The court accepted her argument. “It falls within the realm of the right to privacy. There is no rhyme or reason to insist the petitioner provide the name of the father in the form prescribed for registration of birth and death. Leaving the father’s column blank will later affect the mother and child’s dignity,” the court said, directing the government to prepare separate forms for such mothers.
{{/usCountry}}The court accepted her argument. “It falls within the realm of the right to privacy. There is no rhyme or reason to insist the petitioner provide the name of the father in the form prescribed for registration of birth and death. Leaving the father’s column blank will later affect the mother and child’s dignity,” the court said, directing the government to prepare separate forms for such mothers.
{{/usCountry}}The court added that the rule of law also needs appropriate modifications or changes given the fact that with time, new techniques have evolved and lifestyle and personal choices have changed.
Since the petitioner is in her eighth month of pregnancy, the court told the government to take immediate steps to create separate forms for people like her.