News By/Courtesy: Daksha varshney | 14 Aug 2021 14:25pm IST

HIGHLIGHTS

  • Single-judge Sathish Ninan ruled that such forms not include any fields for the father's name or other information.
  • In such a case, the Court ordered the State Government to produce suitable forms for registering births and deaths, as well as birth and death certificates.
  • The petitioner's right to privacy, liberty, and dignity, according to the plea, cannot be infringed upon.

Separate birth/death certificates for people born to single/unwed mothers through ART should be issued without the father's information, according to the Kerala High Court. The Kerala High Court recently ordered the Kerala State Government to create separate forms for registering the births and deaths of children born to single/unwed mothers through Assisted Reproductive Technology (ART) procedures that do not include any fields for the father's name or other information. Single-judge Sathish Ninan ruled that such forms not include any fields for the father's name or other information. "Now that the right of a single parent/unwed mother to conceive through ART has been recognised, prescriptions of forms requiring the mention of the father's name, the details of which are to be kept anonymous, is a violation of the fundamental rights of privacy, liberty, and dignity," the ruling stated. In such a case, the Court ordered the State Government to produce suitable forms for registering births and deaths, as well as birth and death certificates.

The Court stated that the law must adapt with the times in order to protect the petitioner's and other similarly situated individuals' right to privacy, liberty, and dignity. The ruling was made in response to a petition submitted by a single woman who wanted to become pregnant through in vitro fertilisation (IVF). The petitioner's right to privacy, liberty, and dignity, according to the plea, cannot be infringed upon because: 1. the identity of the sperm donor is kept anonymous and has not been and could not be disclosed even to the petitioner; 2. such a requirement intrudes upon her right to privacy, liberty, and dignity. She claimed that such a requirement is in violation of Article 14 of the Indian Constitution, which guarantees the right to privacy, as well as the Registration of Births and Deaths Act, 1969.

As a result, the Court ruled that when a child is born through an ART treatment, the name of the sperm donor cannot be revealed unless it is required by law, and so falls within the category of the "right to privacy." As a result, the Court ordered the State Government and the Chief Registrar of Births and Deaths to take all necessary steps to have separate forms prescribed for the registration of births and deaths, as well as the issuance of certificates, in cases involving single parent/unwed mother conception through ART procedure.

Section Editor: Khushboo Kejriwal | 16 Aug 2021 16:00pm IST

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Tags : #BIRTH CERTIFICATE #DEATH CERTIFICATE #KERALA HIGH COURT #SINGLE/UNWED MOTHER

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