Single women are being recognized with the right to conceive through Assisted Reproductive Technologies (ART) like IVF, submission of father’s name to them for registration of births and deaths of children born through such procedures which inevitably affects the mother’s right to dignity. child as well, the Kerala High Court has said. The High Court said that the state will have to provide suitable forms for registration of births and deaths of children born through such procedures. “The right of a single parent/unmarried mother to conceive has been recognized by ART, the prescription of forms requiring the mention of the father’s name, the details of which are to be kept anonymous, in terms of confidentiality, liberty and dignity of his There is a violation of fundamental rights,” the court ruled.
The High Court’s decision came on a plea by a divorced woman, who had conceived by in vitro fertilization (IVF) procedure, challenging the requirement of registration of the Kerala Birth and Death Rules, 1970 to mention father’s details . She had said in her petition that firstly she cannot disclose the father’s name, the identity of the sperm donor is kept secret and cannot be disclosed and secondly that such a requirement is due to her right to privacy. interferes with freedom and dignity.
He had also argued that even issuing a certificate leaving the column blank for the father’s details interfered with his right to honour, privacy and liberty. Concurring with the woman’s claims, the High Court observed that the rights of a woman to conceive through the ART procedure in the country were recognized and acknowledged and in such procedures, the identity of the sperm donor cannot be disclosed. may, except in such circumstances as may be compelled, in accordance with law. “This comes within the purview of ‘right to privacy’. The said right has also been recognized in the guidelines for ART clinics, with very few exceptions. There is no rhyme or reason in needing to provide father’s name.” The petitioner is required to leave blank the column regarding father’s details, issue of birth certificate or death certificate by leaving blank space regarding father’s details Issuance of the letter, inevitably affects the mother’s right to dignity. As well as children,” the High Court said.
It further said that the right of a single woman/unmarried mother to conceive through ART procedures has been recognised, “to the State for registration of births and deaths of children born through such procedures and to continue births.” The court said the concept of conceiving through ART was foreign to India a few decades back until the first ‘test tube baby’ was born.” “Development of techniques, change in lifestyle and personal choice recognized by the rule of law, the laws, rules and the forms prescribed thereunder need to be suitably amended/changed/added/changed,” the court said. Since the petitioner woman was in her 8th month of pregnancy, the Court directed the Government of Kerala to take necessary steps “immediately” to prescribe separate forms for registration of births and deaths and issue of certificates in the respective matters. Single parent / unmarried mother through ART process for conception.
To prevent misuse of such forms for settling scores in ‘family feuds’, the court said the applicants may be asked to submit an affidavit that he is a single parent conceived through the ART process. / is an unmarried mother and submits a copy of the medical record along with the same. in support of him. “For such applicants, a separate form shall be prescribed, which does not include the fields regarding name and other details of the father. As far as the death certificate is concerned, it would be sufficient that the column containing the name of the father or husband The name is sought, the entry of the mother (eg father/husband/mother) can be made, the High Court said.
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