Kerala HC Allows Transgender Couple to Use 'Parent' Instead of 'Mother' and 'Father' in Child’s Birth Certificate

In a progressive judgment, the Kerala High Court has allowed a transgender couple to have their names listed as ‘parent’ — instead of ‘mother’ and ‘father’ — on their child’s birth certificate. The decision was made by Justice Ziyad Rahman AA, in response to a plea filed by Zahhad, a transman (born female, now identifies as male), and Ziya Paval, a transwoman (born male, now identifies as female), who are Kerala’s first openly transgender couple.

Background of the Case:

Zahhad and Ziya made headlines in February 2023 when Zahhad gave birth to their child, making them the first transgender couple in the state to do so. The birth certificate issued by Kozhikode Corporation listed Zahhad as the "mother (transgender)" and Ziya as the "father (transgender)".

However, the couple found this labeling problematic and approached the authorities requesting that both of them simply be listed as "parent", instead of assigning gender-specific roles. Their request was denied, prompting them to approach the High Court.

Court’s Observation and Order:

The couple told the court that being identified as "mother" and "father" based on biology would only cause confusion and future problems for the child — especially in official documents like school records, Aadhaar card, PAN card, passport, job applications, and so on.

They argued that their fundamental rights — and those of their child — were being violated, and cited the Supreme Court's landmark NALSA judgment, which recognized the rights of transgender persons and upheld their dignity.

Agreeing with their submission, the High Court ordered:

“The birth certificate should be modified by removing the 'father' and 'mother' columns, and both petitioners should be shown as ‘parents’ without referring to their gender.”

A copy of the detailed judgment is expected to be released soon.

Significance:

The couple’s plea also pointed out that many other countries already give parents the option to choose titles like ‘mother’, ‘father’, or ‘parent’ based on their identity — especially in the case of same-sex or transgender couples.

The petitioners were represented by a legal team comprising Advocates Padma Lakshmi, Mariyamma AK, Ipsita Ojal, Prashant Padmanabhan, Meenakshi KB, and Pooja Unnikrishnan.

This ruling is being hailed as a major step forward for transgender rights and inclusive parenting in India.