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 court held that since the right of single mothers to conceive through ATR 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. 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 as blank will lead to further questions in future and it will affect her privacy and dignity.
Later the court agreed to her contention. MORE FROM THIS SECTION Create separate birth forms for kids born to single mothers: Kerala HC Police action on Bidar school students in violation of juvenile justice Act: Karnataka HC Senior JD(U) leaders skip RCP Singh’s event, Nitish Kumar says all well in party In swipe at present day leaders, Rahul Gandhi says they should learn from Mahatma’s actions “It falls within realm of the right of privacy.
There is no rhyme or reason to insist to 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
