Kerala HC allows trans couple to be named as 'parents' on birth certificate

Kerala High Court directs birth certificate of trans couple's child to list both as 'parents', replacing 'mother' and 'father' to uphold rights and inclusivity

The Kerala High Court has ruled that a transgender couple must be listed as simply “parents” in their child’s birth certificate, removing the traditional gendered terms mother and father, reported Bar and Bench.

 

The court’s order came in the case of Zahhad & Ors v State of Kerala.

 

Zahhad, a trans man who was assigned female at birth, and Ziya Paval, a trans woman assigned male at birth, made headlines in February 2023 when Zahhad gave birth to their child. The couple’s journey drew national attention as India’s first openly transgender parents.

  When the Kozhikode Corporation issued the child’s birth certificate, it listed Zahhad as 'mother (transgender)' and Ziya as 'father (transgender)'. But the couple did not want to be identified using gender-specific terms. Instead, they requested that both be listed only as 'parent' to protect their child from confusion or future discrimination.

 

 

Their appeal to the authorities was rejected, prompting them to approach the Kerala High Court, asserting that the refusal to amend the certificate violated their and their child’s fundamental rights.

 

Delivering the judgment, Justice Ziyad Rahman AA upheld their plea and directed the authorities to issue a fresh birth certificate.

 

“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 court ordered, as quoted by Bar and Bench.

 

The plea also highlighted how many countries allow parents—especially those in same-sex relationships—the option to choose how they are identified in official records, offering designations such as mother, father, or parent.