Thiruvananthapuram: The Kerala High Court has directed the state government to take necessary steps “immediately” to have separate forms prescribed for registration of births and deaths, and issuance of certificates in cases relating to conception through Assisted Reproductive Technology (ART) procedure of single-parent or unwed mothers.
According to the court, requiring them to furnish the father’s name in the form for registering births and deaths of children born through such procedures necessarily affects the right of the dignity of the mother as well as that of the child.
“The right of a single parent/ unwed mother to conceive by ART having been recognised, prescriptions of forms requiring mentioning of name of father, the details of which is to be the kept anonymous, is violative of their fundamental rights of privacy, liberty and dignity,” the ruled Justice Sathish Ninan.
The High Court ruling came on a plea by a divorced woman, who got conceived by In Vitro Fertilisation (IVF) procedure, challenging the requirement under the Kerala Registration of Births and Deaths Rules, 1970 to mention the father’s details.
She, in the eighth month of her pregnancy, said in her petition that she cannot disclose the father’s name for two reasons. First, the identity of the sperm donor is kept anonymous and has not been and could not be revealed even to her. Moreover, such a condition encroaches upon her right to privacy, liberty and dignity.
The petitioner had also contended that issuing a certificate by leaving the column for father’s details as blank also intervenes with her right of dignity, privacy and liberty.
The high court agreed with her argument.
“It falls within the realm of the ‘right of privacy’. The said right has also been recognised in the guidelines for ART clinics, with very few exceptions. Under the circumstances, there is no rhyme or reason in requiring the petitioner to provide the name of the father in the form prescribed for registration of birth and death,” said the court.
“Requiring the petitioner to leave the column regarding the details of the father as blank, the issuance of a certificate of birth or certificate of death leaving the space provided therein regarding the details of the father as blank, necessarily affects the right of the dignity of the mother as well as the child,” said the high court.
“By the passage of time, the evolution of techniques, changes in lifestyle and personal choices recognised by the Rule of Law, appropriate modifications/ changes/ additions/alterations need to be made in statutes, rules and the forms prescribed thereunder,” the court said.
However, the court also said the applicants can be asked to furnish an affidavit that she is a single parent/unwed mother conceived through ART procedure and produce along with the same a copy of the medical record, to prevent misuse of such forms for settling scores in ‘family feuds’.
“To such applicants, a separate form, which does not contain the field regarding the name and other details of the father, shall be prescribed. In so far as a certificate of death is concerned, it would suffice if, in the column where the name of the father or husband is sought for, another entry could be made as that of the mother (like Father / Husband / Mother),” said the high court.
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