Kerala's pioneering transgender parents have taken their case to the Kerala High Court, seeking a modification to their biological child's birth certificate. Zahhad, a transman, and Ziya Paval, a transwoman, made headlines earlier this year when Zahhad gave birth to their child, highlighting their unique situation as an openly transgender couple in Kerala.
However, the birth certificate issued by the Kozhikode Corporation recorded Zahad's name as the mother (transgender) and Ziya's name as the father (transgender). In an effort to reflect their parental roles accurately, the couple requested that both partners be referred to as 'parent' instead of mother and father.
Unfortunately, their request was denied by the authorities, prompting them to seek legal recourse through the High Court. The petitioners explained that this decision was made to prevent potential embarrassment and complications that their child might face in various aspects of life, such as school admissions, official documents (Aadhar Card, PAN Card, Passport), job-related matters, and more.
The petitioners argue that denying the updated birth certificate infringes upon their fundamental rights and also runs contrary to the Supreme Court's landmark NALSA judgment, which emphasized the recognition and protection of transgender rights.
Interestingly, various other countries, including those accommodating same-sex couples, offer the option for parents to choose their title on their child's birth certificate from 'mother', 'father', or 'parent'.
Justice N Nagaresh will consider the matter during the hearing scheduled for later today. The advocates representing the petitioners are Mariamma AK, Padma Lakshmi, and Ipsita Ojal.
TAGS: Kerala transgender parents High Court birth certificate mother father parent transman transwoman unique situation NALSA case fundamental rights same-sex couples hearing advocates.
