KERALA | 2 ND JUNE 2025
In a landmark decision, the Kerala High Court on Monday ordered that the gender details of Kerala’s first transgender parents in their child’s birth certificate be changed to gender-neutral terms, listing both as ‘parent’ instead of ‘mother’ and ‘father’.
The case, Zahhad & Ors. v. State of Kerala, was heard by Justice Ziyad Rahman AA, who passed the progressive ruling recognizing the rights and dignity of transgender persons and their families.
“This writ petition is disposed of directing the fifth respondent to issue 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 Court ordered.
A copy of the detailed judgment is awaited.
BACKGROUND: KERALA’S FIRST OPENLY TRANSGENDER PARENTS
The petitioners, Zahhad, a transman (assigned female at birth but identifies as male), and Ziya Paval, a transwoman (assigned male at birth but identifies as female), made headlines in February 2023 when Zahhad gave birth to their child. This made them Kerala’s first openly transgender couple to become parents.
The child’s birth was registered by the Kozhikode Corporation, which listed Zahhad as the ‘mother’ and Ziya as the ‘father’, both identified with a transgender label. Seeking to avoid gender-specific labels and the stigma their child might face in the future, the couple approached the Corporation requesting to replace ‘mother’ and ‘father’ with ‘parent’ for both.
When the Corporation rejected their request, the couple moved the Kerala High Court seeking relief.
PETITIONERS’ ARGUMENT: PROTECTING THE CHILD’S FUTURE AND DIGNITY
In their plea, the petitioners explained:
“Since scientifically there’s some contradiction in the fact that male giving birth to a child, the petitioners requested the authorities to avoid the name of father and mother but simply writing ‘Parent’ to avoid further embarrassment which the third petitioner (child) would have to face during her lifetime viz. school admission, Aadhar Card, PAN Card, Passport and various other documents including job and connected matters.”
The plea further asserted that denying a gender-neutral birth certificate violates fundamental rights, including the child’s right to dignity and equality. The petitioners cited the Supreme Court’s landmark NALSA judgment, which recognized the rights of transgender individuals, to strengthen their case.
They also highlighted that many countries allow same-sex or transgender couples to choose between the terms ‘mother’, ‘father’, and ‘parent’ in official documentation.
LEGAL REPRESENTATION
The petitioners were represented by a team of advocates:
Padma Lakshmi
Mariyamma AK
Ipsita Ojal
Prashant Padmanabhan
Meenakshi KB
Pooja Unnikrishnan
SIGNIFICANCE OF THE RULING
This ruling marks a significant advancement in transgender rights in India, reinforcing inclusivity in government documentation. It sets a precedent for:
Gender-neutral parenting rights
Recognition of non-traditional family structures
Reduction of bureaucratic and social hurdles for transgender families
