The Kerala high court on August 13, 2021, held that prescriptions requiring mentioning of the name of the father, the details of which are to be kept anonymous, is violative of the fundamental rights of privacy, liberty and dignity. 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.
Observations by the court
Referring to the judgment in ABC v. The State (NCT of Delhi) (2015) 10 SCC 1, the court observes that “The law is dynamic and is expected to diligently keep pace with time and the legal conundrums and enigmas it presents. There is no gainsaying that the identity of the mother is never in doubt.
Accordingly, the court directed that if a single parent/unwed mother applies for the issuance of a Birth Certificate for a child born from her womb, the Authorities concerned may only require her to furnish an affidavit to this effect, and must thereupon issue the Birth Certificate, unless there is a Court direction to the contrary.”
Court also rely on Devika Biswas v. Union of India and Ors. [AIR 2016 SC 4405] and observedthat “The freedom to exercise these reproductive rights would include the right to make a choice regarding sterilization on the basis of informed consent and free from any form of coercion”.
The court also observes Navtej Singh Johar v. Union of India [AIR 2018 SC 4321] and K.S.Puttaswamy v. Union of India [2017 (10) SCC 1] and concluded that the right of a woman to make reproductive choices has been recognized in India as a fundamental right
The right of a single woman/unwed mother, to conceive through ART procedures having been recognized, it is for the State to provide appropriate forms for registration of births and deaths of children born through such procedures, and for issue birth/death certificates.
Photo by Anna Hecker on Unsplash
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