Kerala trans parents allowed to change gender details in child's birth record

The Kerala High Court has directed that a transgender couple in the state be listed simply as “parents” in their child’s birth certificate, replacing the gendered terms “mother” and “father.”

The Kerala High Court made the ruling in the case of Zahhad & Ors. v State of Kerala, according to a report by Bar and Bench.

According to the report, Zahhad (who was assigned female at birth but identifies as a man) and Ziya Paval (assigned male at birth but identifies as a woman), had a baby in 2023, wherein Zahhad had carried the pregnancy to term and given birth.

When the baby’s birth certificate was issued by the Kozhikode Corporation, it listed Zahhad as the “mother (transgender)” and Ziya was named “father (transgender)”.

The couple, however, didn’t want the gendered terms of ‘mother’ and ‘father’ on the certificate. Instead, the couple wanted both to be listed simply as ‘parent’ to avoid confusion or discrimination their child might face in the future.

Justice Ziyad Rahman AA passed the order on their plea.

“This writ petition is disposed of directing the fifth respondent to issue birth certificate 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 judge ruled, as quoted by the report.

The transgender couple had garnered some media attention in February 2023 when Zahad gave birth to their child.

Zahad and Ziya approached the Corporation to change the details in their child’s birth certificate to indicate both of them as just ‘parent’ rather than mother and father.

However, their request was rejected by the authorities, prompting them to move the High Court for relief. In their plea, they said the denial of such a certificate is a denial of their and their child’s fundamental rights.

The plea pointed out that various other countries allow couples, especially same-sex couples, to choose their title in their child’s birth certificate from among ‘mother’, ‘father’ and ‘parent’.

Justice Rahman ordered that a new birth certificate be issued and the labels of “father” and “mother” be removed. Instead, the new birth certificate must list both Zahhad and Ziya as “parent” without mentioning their gender.