Need new birth forms for single mothers: HC

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 and Deaths Act (1970).

The Kerala High Court on Monday directed the state government to prepare separate birth and death forms for children born to single unwed mothers through the assisted reproductive technology (ART) which did not carry details of the father.

The petitioner contended that she received the sperm from a sperm bank and even she has no idea about the contributor and repeated requests to fill the form in full (with father’s details) intrudes upon her privacy and liberty. (HT File)

The court held that since the right of single mothers to conceive through ATR and other procedures is recognised the column regarding the father’s details in birth certificates violates the right to privacy, liberty and dignity of mothers. It directed the government 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 and Deaths Act (1970).

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

“It falls within the realm of the right of 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.

“By the passage of time evolution of new technique, change in lifestyle and personal choices recognised by the rule of law need appropriate modifications/changes and additions,” the court observed. Since the petitioner is in the 8th-month pregnancy the court directed the government to take immediate steps to create separate forms for mothers like her.