The Kerala High Court on August 13 held that seeking details of a father for registration of birth of babies born through assisted reproductive technologies (ART) is a violation of the right to privacy, liberty and dignity. The court made the observation while considering the plea of a woman conceived through in-vitro fertilisation procedure. The court also directed the state government to provide separate birth and death registration forms for children born through ART, that does not seek the father's details. The woman, who is eight months pregnant and a divorcee, had moved the court against the requirement for birth registration in Kerala which mandates details of the child's father. The woman contended that details of sperm donors are kept anonymous even from the petitioner and that seeking such details is an intrusion upon her right of privacy, dignity and liberty.
As per the Registration of Births and Deaths Act, 1969, followed in Kerala, details for the child's father including name, education and occupation need to be given. While the birth certificate has a column to mention the name of the father, for the certificate of death, either the father's or husband's name is mandated. "These mandatory fields in the prescribed forms are violative of the fundamental rights," the petitioner argued.
Following a Supreme Court order in 2015, the Union government had issued a direction to the Chief Registrar of Births and Deaths that registering the birth of a child of a single parent requires only filling in the name of the single parent while leaving the other parent's name blank. However, the petitioner argued that leaving the name blank interferes with her right to dignity, privacy and liberty. The fundamental rights guaranteed as a citizen are violated, she stated.
Considering the case, the court held that the identity of the sperm donor cannot be disclosed, except in compelling circumstances under law. "The right of a single parent to conceive by ART having been recognised, 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," Justice Sathish Ninan observed.
"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," the court said. Justice Satish Ninan also ordered that the state government should provide appropriate forms for registration of births and deaths of children born through assisted reproductive technologies.
"The right of a single woman/unwed mother to conceive through ART procedures having been recognised, it is for the state to provide appropriate forms for registration of births and deaths of children born through such procedures, and for issuance of birth/death certificates," the court said. Meanwhile, the court also added that the provision could be misused. "This could be resolved by requiring the applicants to furnish an affidavit that she is a single parent/unwed mother and conceived through ART procedure and produce, along with the same, a copy of medical record in support thereof.”
The court also added that in case of death certificates, like father's and husband's name is asked, mother's name should also be sought.
Read: