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Kerala HC allows transgender couple to be listed as 'parents' in child's birth certificate instead of father and mother
Kerala HC allows transgender couple to be listed as 'parents' in child's birth certificate instead of father and mother

Time of India

time7 days ago

  • General
  • Time of India

Kerala HC allows transgender couple to be listed as 'parents' in child's birth certificate instead of father and mother

KOCHI: In a significant judgment, Kerala high court has allowed a transgender couple's petition to have their names entered in their child's birth certificate as 'parents', by omitting the usual columns specifying 'father' and 'mother'. Tired of too many ads? go ad free now The bench of Justice A A Ziyad Rahman passed the order on a petition filed by Zahhad, a transman, and Ziya Paval, a transwoman — both natives of Kozhikode and India's first transgender parents. Zahhad had given birth to a child in Feb 2023. The birth certificate, issued by Kozhikode corporation under the Kerala Registration of Birth and Death Rules, 1999, listed Ziya as the father and Zahhad as the mother. The petitioners approached the corporation officials to change the details to reflect both as parents rather than as mother and father, but their request was rejected. The couple then approached high court, contending that Zahhad, now living as a man in society, being identified as the mother would cause complications in the future. They expressed concerns that a certificate indicating a man had given birth could cause difficulties for the child during school admissions, passport and Aadhaar applications, and other official processes. They sought a directive to denote them simply as 'parents,' without assigning the roles of father and mother. Allowing the plea, the bench directed the Kozhikode corporation to modify the birth certificate within two months by removing the columns for father and mother and incorporating the names of the petitioners as parents without referring to their genders. A detailed judgment is awaited.

Kerala trans couple get gender-neutral tag on child's birth certificate
Kerala trans couple get gender-neutral tag on child's birth certificate

Time of India

time03-06-2025

  • Politics
  • Time of India

Kerala trans couple get gender-neutral tag on child's birth certificate

Kerala trans couple get gender-neutral tag on child's birth certificate KOCHI: Kerala high court has allowed India's first pair of biological transgender parents to be identified in their child's birth certificate by the gender-neutral term "parent" instead of the usual distinction between "father" and "mother". Justice A A Ziyad Rahman passed the order on a petition filed by Zahhad and Ziya Paval, both natives of Kozhikode. Zahhad, who identifies himself as a trans man, gave birth to the couple's child in Feb 2023. The birth certificate, issued by Kozhikode Municipal Corporation under the Kerala Registration of Birth and Death Rules, 1999, mentions Ziya as the father and Zahhad as the mother. The pair's request to the corporation to do way with parental gender distinction in the document was turned down, prompting them to move court. Zahhad argued that a trans man being identified as the child's mother could cause complications, including while seeking admission to a school and applying for a passport or Aadhaar. The bench directed the Kozhikode corporation authorities to modify the birth certificate within two months by removing the columns for father and mother and incorporating the names of the petitioners as "parents" without referring to their respective gender.

Kerala HC allows Transgender couple to use gender-neutral ‘parent' in birth certificate
Kerala HC allows Transgender couple to use gender-neutral ‘parent' in birth certificate

Time of India

time03-06-2025

  • Politics
  • Time of India

Kerala HC allows Transgender couple to use gender-neutral ‘parent' in birth certificate

Kerala HC KOCHI: Kerala high court has allowed India's first pair of biological transgender parents to be identified in their child's birth certificate by the gender-neutral term 'parent' instead of the usual distinction between 'father' and 'mother'. Justice A A Ziyad Rahman passed the order on a petition filed by Zahhad and Ziya Paval, both natives of Kozhikode. Zahhad, who identifies himself as a trans man, gave birth to the couple's child in Feb 2023. The birth certificate, issued by Kozhikode Municipal Corporation under the Kerala Registration of Birth and Death Rules, 1999, mentions Ziya as the father and Zahhad as the mother. The pair's request to the corporation to do way with parental gender distinction in the document was turned down, prompting them to move court. Zahhad argued that a trans man being identified as the child's mother could cause complications, including while seeking admission to a school and applying for a passport or Aadhaar. The bench directed the Kozhikode corporation authorities to modify the birth certificate within two months by removing the columns for father and mother and incorporating the names of the petitioners as 'parents' without referring to their respective gender.

Can list trans couple as parents in birth certificate: Kerala high court
Can list trans couple as parents in birth certificate: Kerala high court

Hindustan Times

time02-06-2025

  • Politics
  • Hindustan Times

Can list trans couple as parents in birth certificate: Kerala high court

The Kerala high court on Monday ruled that a transgender couple can be listed simply as 'parents', rather than 'mother' and 'father', on their child's birth certificate, in a decision that marks a significant moment in the legal recognition of non-traditional families and gender identity in official documents. The order was passed by a vacation bench of justice Ziyad Rahman AA, who directed Kozhikode municipal authorities to replace gendered parental terms with the gender-neutral designation 'parent' for both individuals. The petitioners —Zahhad, a trans man, and Ziya Paval, a trans woman —are believed to be Kerala's first openly transgender couple to have a biological child. Their journey to parenthood captured national attention in February 2023 when Zahhad gave birth, a first for India's transgender community. Initially, the Kozhikode civic body issued a birth certificate listing Zahhad as the 'mother' and Ziya as the 'father,' ignoring their self-identified genders. Their plea to be recognised solely as 'parents' was denied, prompting them to move the high court for redress. The couple was represented by Padma Lakshmi, Kerala's first transgender lawyer, who argued that the refusal to accommodate their request violated their fundamental right to equality under Article 14 of the Constitution. Article 14 does not restrict the meaning of the word 'person' only to male or female, and transpeople too were entitled to legal protection and had rights in 'all spheres of state activity,' she told the high court at the time. They also claimed that their prayer was in line with the principles laid out in the Supreme Court's 2014 NALSA judgement, which upholds the rights of transgender individuals to self-identify their gender. The high court concurred, directing the civic body in Kozhikode to issue a birth certificate to the couple's child by incorporating both their names only as parents, without referring to their specific genders. 'This writ petition is disposed of directing the fifth respondent (civic body) 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 operative part of the order, as read out by the judge, stated. The full judgment is awaited. The couple explained in their petition that Zahhad, despite being the biological parent who gave birth, has long identified and lived as male. Forcing them to label themselves as 'mother' and 'father' not only contradicted their lived identities but also risked subjecting their child to lifelong confusion and discrimination in situations such as school admissions and the issuance of official documents such as Aadhaar, PAN cards, and passports. 'The petitioners made such a request to the Kozhikode Corporation to avoid the name of father and mother on the birth certificate because the biological mother of the child has identified herself as male years ago and is living as male member in the society. Since scientifically there's some contradiction in the fact that male giving birth to a child, the petitioners requested the authorities to avoid the name of father and mother but simply writing 'Parent'…' their petition in the court read. Their legal team further contended that denying the couple gender-neutral recognition would not only infringe upon the parents' rights but also breach their child's fundamental rights -- a view the court ultimately upheld while setting a precedent on the affirmation of the rights of transgender individuals and their families.

Kerala HC allows transgender couple's plea to have their names entered as ‘parents', instead of father and mother, in child's birth certificate
Kerala HC allows transgender couple's plea to have their names entered as ‘parents', instead of father and mother, in child's birth certificate

Time of India

time02-06-2025

  • General
  • Time of India

Kerala HC allows transgender couple's plea to have their names entered as ‘parents', instead of father and mother, in child's birth certificate

Kochi: In a significant judgment, Kerala high court has allowed a transgender couple's petition to have their names entered in their child's birth certificate as 'parents', by omitting the usual columns specifying 'father' and 'mother'. The bench of Justice A A Ziyad Rahman passed the order on a petition filed by Zahhad, a transman, and Ziya Paval, a transwoman — both natives of Kozhikode and India's first transgender parents. Zahhad had given birth to a child in Feb 2023. The birth certificate, issued by Kozhikode corporation under the Kerala Registration of Birth and Death Rules, 1999, listed Ziya as the father and Zahhad as the mother. The petitioners approached the corporation officials to change the details to reflect both as parents rather than as mother and father, but their request was rejected. The couple then approached high court, contending that Zahhad, now living as a man in society, being identified as the mother would cause complications in the future. They expressed concerns that a certificate indicating a man had given birth could cause difficulties for the child during school admissions, passport and Aadhaar applications, and other official processes. They sought a directive to denote them simply as 'parents,' without assigning the roles of father and mother. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch CFD với công nghệ và tốc độ tốt hơn IC Markets Đăng ký Undo Allowing the plea, the bench directed the Kozhikode corporation to modify the birth certificate within two months by removing the columns for father and mother and incorporating the names of the petitioners as parents without referring to their genders. A detailed judgment is awaited.

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