Kerala High Court Directs ‘Parents’ Instead of ‘Father’ and ‘Mother’ on Transgender Couple’s Child’s Birth Certificate

Kochi: The Kerala High Court has issued a landmark order directing that “parents” be used instead of “father” and “mother” on the birth certificate of a child born to a transgender couple. The ruling came in response to a petition filed by Sahad and Siya, a transgender couple from Kozhikode.

Justice Ziyad Rahman, in his directive, specifically recommended that the columns for ‘father’ and ‘mother’ be removed from applications concerning the children of transgender couples.

The couple’s child was born in February 2023, making them the first transgender parents in the country. While the child’s birth was registered with the Kozhikode Corporation and a birth certificate was issued, it initially listed Siya Paval as the father and Sahad as the mother.

However, the couple approached the court requesting that the names of the father and mother not be specifically mentioned. Considering their petition, the court instructed the issuance of a new birth certificate, replacing “father” and “mother” with “parents.” The court noted that the child’s ‘mother’ had transitioned to male years ago and the ‘father’ had transitioned to female, both living in their new identities. The original birth certificate had, however, recorded their previous gender identities, which the couple sought to rectify.