Kerala trans couple can be named as ‘parents’ in child's birth certificate. Why HC ruling is significant
The Kozhikode Corporation had earlier issued a birth certificate mentioning Zahhad as the mother and Ziya Paval as the father, along with the term transgender in parentheses.
In a significant development related to transgenders’ rights, the Kerala High Court has directed the state authorities to issue a revised birth certificate of a child of a transgender couple, identifying them as “parents” instead of father and mother, reportedOnmanorama.
The judgment was issued by Justice Ziyad Rahman AA on Monday on apleafiled by trans man Zahhad and trans woman Ziya Paval, seeking a gender-neutral format in the birth certificate issued by the Kozhikode Corporation under the Kerala Registration of Birth and Death Rules, 1999.
The Kozhikode Corporation had earlier issued a birth certificate mentioning Zahhad as the mother and Ziya Paval as the father, along with the term transgender in parentheses.
Gender identities
The trans couple objected to this classification, stating that it did not reflect their gender identities accurately.
"We are extremely happy about the court's verdict. Trans couples like us can now opt to be recognised as 'parents' instead of gender-specific identities like 'mother' and 'father'. We filed the case soon after our child's birth," Ziya told Onmanorama.
Ziya and Zahhad became India's first transgender parents on the birth of their child in February 2023.
In their petition, they had requested the Kozhikode Corporation to avoid the name of father and mother on the birth certificate, since the biological mother of the child identified herself as a male years ago, and was presently living as male member in the society.
"This is a major victory for the LGBTQ community. The certificate currently includes two slots -Name of Mother, Name of Father. This will be changed for trans parents henceforth. The fifth respondent, the Kozhikode Corporation, has been asked to modify the birth certificate and identify Ziya and Zahhad as parents," Padma Lakshmi, the lawyer who represented the trans couple, was quoted as saying by Onmanorama.
Their plea was filed by advocates Mariamma AK, Padma Lakshmi,andIpsita Ojal.
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