Create separate forms without father's details for birth/death certificates of persons born to single/unwed mothers via ART: Kerala High Court

The Kerala High Court recently directed the State Government to have separate forms for registration of births and deaths of children born to single/ unwed mother through Assisted Reproductive Technology (ART) procedure which does not have any fields regarding the name and other details of the father (xxx v. State of Kerala)..Such forms should not have have any fields regarding the name and other details of the father, Single-judge Sathish Ninan directed."The right of a single parent/unwed mother to conceive by ART having been recognized, prescriptions of forms requiring mentioning of name of father, the details of which is to be kept anonymous, is violative of the fundamental rights of privacy, liberty and dignity," the judgment said.The State Government should bring out appropriate forms for registration of births and deaths, and also certificates of births and deaths, in such case, the Court ordered.The Court observed that the law must evolve with the times so that the petitioner's and other similarly placed persons' right to privacy, liberty and dignity can be preserved."Under the circumstances, there is no rhyme or reason in requiring the petitioner to, provide the name of the father in the form prescribed for registration of birth and death. Requiring the petitioner to leave the column regarding the details of father as blank, the issuance of a certificate of birth or certificate of death leaving the space provided therein regarding the details of the father as blank, necessarily affects the right of dignity of the mother as well as the child", the Court said..The order was passed on a plea filed by a single woman, who chose to get pregnant via In-Vitro Fertilisation (IVF). She challenged the Kerala Registration of Birth and Death Rules, 1999, specifically the requirement to give the details of the father of a child/person for the purpose of registration of birth/death and in the birth/death certificates of a person..The plea, filed through Advocate Aruna A, contended that the petitioner cannot be required to provide the name of the father because, The identity of the sperm donor is kept anonymous and has not been and could not be disclosed even to the petitioner;such requirement intrudes upon her right of privacy, liberty and dignity.She argued that such requirement is violative of Article 14 of the Constitution of India, right to privacy, and ultra vires to the Registration of Births and Deaths Act, 1969Further, she also pressed for striking off the requirement to enter the father's name in the birth and death certificates of persons born to single mothers as leaving the fathers name blank would make it obvious to anyone that such person was born out of wedlock thereby violating their right to dignity..Central Government Standing Counsel S Krishna, brought to the notice of the Court that, on the subject, a Bill has been introduced in the Lok Sabha titled, “The Assisted Reproductive Technology (Regulation) Bill, 2020”..The Court, upon reading the Bill, said that though it is yet to become a statute, as of now the rights of a single woman to conceive through Assisted Reproductive Technology (ART) is recognised and the aspect of confidentiality is being maintained..The Court placed reliance on the judgement of the Supreme Court in KS Puttaswamy v. Union of India. in which it was held that personal choice governing a way of life are intrinsic to privacy and that, one of the connotations of “privacy” includes decisional autonomy which includes intimate personal choices such as, those governing reproduction.The Court, therefore, said that having conceived through ART procedure, the identity of the sperm donor cannot be disclosed except in circumstances as may be compelled for, under law and therefore, it falls within the realm of the “right of privacy”. .Pertinently the Court also stressed on the importance of the interpretation of the Constitution to evolve with time and scientific and cultural advancements, among others."The interpretation of the Constitution cannot be frozen by its original understanding that it must evolve with the felt necessities of time, to meet the aspirations and challenges of the present and future. The concept of conceiving through ART has been foreign to this country a few decades back till the first “test tube baby” was born. By the passage of time, evolution of techniques, change in life style and personal choices recognised by the Rule of Law, appropriate modifications/changes/ additions/alterations need to be made in statutes, rules and the forms prescribed thereunder"..Therefore, the Court directed the State Government and the Chief Registrar of Birth and Death to immediately take all necessary steps to have separate forms prescribed for registration of births and deaths and for issuance of certificates in cases relating to conception through ART procedure of single parent/unwed mother."To such applicants, a separate form, which does not contain the field regarding the name and other details of the father shall be prescribed. In so far as certificate of death is concerned, it would suffice if in the column where the name of the father or husband is sought for, another entry could be made as that of the mother (like Father / Husband / Mother)," the judgment said..[Read Judgment]