Trans Couple Can Use Gender-Neutral Term Parent In Child's Birth Certificate

The Kerala High Court has allowed a transgender couple's request to use the gender-neutral term "parent" in their child's birth certificate instead of father and mother.

Justice Ziyad Rahman AA ordered the authorities to issue a revised certificate listing both Zahad, a trans man, and Ziya Paval, a trans woman, as "parents" without mentioning their genders.

"This writ petition is disposed of directing the fifth respondent to issue birth certificates with the modification by removing the columns of names of father and mother and by incorporating the names of the petitioners as parents without referring to their genders," the Bar and Bench reported quoting the order.

The couple, recognized as the state's first transgender parents, had approached the High Court in 2023 seeking this change.

Earlier, the Kozhikode Corporation, while issuing the child's birth certificate, listed Zahhad as 'mother (transgender)' and Ziya as 'father (transgender)'. The couple insisted on using gender-specific terms and requested that they be listed only as 'parent' to protect their child from confusion or any discrimination.

With the authorities turning a deaf ear, the couple approached the Kerala High Court, arguing that the refusal to amend the certificate violated their fundamental rights and those of their child.

"Since scientifically there's some contradiction in the fact that a male is giving birth to a child, the petitioners requested the authorities to avoid the name of father and mother but simply writing 'parent' to avoid further embarrassment which the third petitioner (child) would have to face during her life time viz. school admission, Adhar Card, PAN Card, Passport and various other documents including job and connected matters," the parents contended.

The couple further argued that several countries allow couples, especially same sex couples, to choose their title in their child's birth certificate from among 'mother', 'father' and 'parent'.

The denial of the new certificate, argued the parents, goes against the dictum laid down by the Supreme Court in the landmark NALSA case.

The NALSA case, officially named National Legal Services Authority v. Union of India (2014), is a landmark Supreme Court ruling in India that legally recognised the "third gender" and affirmed the fundamental rights of transgender individuals.