Kochi, June 2 (NationPress) The Kerala High Court has mandated that the gender references for Kerala's pioneering transgender parents on their child's birth certificate be altered from “mother” and “father” to simply “parent” for both individuals.

Despite the Pinarayi Vijayan administration frequently touting its position as the first state government to introduce a transgender policy, the transgender couple encountered obstacles in securing justice from the CPI-M governed Kozhikode Corporation. Their initial request to amend their child's birth certificate was denied, prompting them to seek legal intervention.

Justice A.A.Ziyad Rahman presided over the case concerning Zahhad, a transman (designated female at birth but identifying as male), and Ziya Paval, a transwoman (designated male at birth but identifying as female), who are recognized as Kerala's first openly transgender couple.

In delivering the ruling, the court stated, “This writ petition is disposed of directing the fifth respondent to issue a birth certificate with the modification by removing the columns of names of father and mother and by incorporating the names of the petitioners as parents without referring to their genders.”

The couple gained media attention in February 2023 when Zahad welcomed their child.

The birth certificate issued by the Kozhikode Corporation originally listed the mother as Zahad (transgender) and the father as Ziya (transgender).

The couple subsequently approached the Corporation to revise the details on their child's birth certificate to reflect both as simply “parents”, rather than as mother and father.

However, their request was rejected by Corporation officials, leading the couple to seek recourse through the High Court.

They argued, “Given the scientific contradiction of a male giving birth, we asked the authorities to omit the terms father and mother and simply use ‘parent’ to prevent future embarrassment for our child, particularly concerning school admissions, Aadhar Card, PAN Card, Passport, and various other documents including employment-related matters.”

The couple highlighted that the refusal of such a certificate infringes upon their fundamental rights as well as those of their child.

Furthermore, they contended that the denial of the updated certificate contradicts the principles established by the Supreme Court in the historic NALSA case.

They also referenced that numerous other nations permit couples, especially same-sex couples, to select their designation on their child's birth certificate from options like “mother”, “father”, and “parent”.