On Monday, 2nd June, the Kerala High Court allowed a petition filed by a transgender couple who had requested the issuance of a new birth certificate for their child that would mention them as just ‘parents’, rather than identifying them as ‘father’ and ‘mother’. The order was issued by Justice Ziyad Rahman A. A.
“The Court recognises the right of individuals to be identified according to their self-perceived gender,” observed the bench, acknowledging the petitioners' request for inclusive language on official documents.
The detailed version of the court's order is yet to be published.
The petitioners, Zahhad (a transman) and Ziya Paval (a transwoman), had welcomed their child in February 2023, becoming the first transgender couple in India to become parents. The Kozhikode Corporation had initially issued a birth certificate under Section 12 of the Kerala Registration of Birth and Death Rules, 1999. The certificate recorded Ziya Paval (transgender) as the father and Zahhad (transgender) as the mother.
The couple, through their petition, argued that this record was incorrect and insensitive to their gender identities. They had earlier requested the Corporation to refrain from using ‘father’ and ‘mother’ labels, as Zahhad, the biological mother, identifies and lives as a male.
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“This classification causes confusion and misrepresents our identity,” the couple told the court, emphasizing that legal documents should reflect their actual gender roles.
The plea was submitted through Advocates Mariamma A.K., Padma Lakshmi, and Ipsita Ojal.
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The High Court considered their concerns and granted the relief sought, directing the Corporation to issue a revised birth certificate that lists them simply as ‘parents’.
“Legal recognition of gender identity must be respected in all official documentation,” the court underlined while granting the petition.
The matter was filed under the case title Zahhad & Ors. v. State of Kerala & Anr. and was registered as case number WP(C) 23763/2023.
