The Kerala High Court on Monday, June 2, directed the Kozhikode Corporation to issue a revised birth certificate for the child of a transgender couple, reflecting their correct gender identity.
The order was passed by Justice Ziyad Rahman AA while hearing a petition filed by trans couple Zahhad and Ziya Paval. The court directed the authorities to replace the designations “father” and “mother” with the term “parent” and to refrain from referencing the couple’s gender on the document.
"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 high court ordered, according to Bar and Bench.
Zahhad, a 23-year-old trans man and Ziya Paval, a 22-year-old trans woman, gave birth to a biological baby on February 8, this year. Zahhad had temporarily stopped his hormone therapy to be pregnant so they could be parents as early as possible. The couple decided to be biological parents.
Within days after the child was born, the couple approached the hospital authorities seeking to mention their correct gender identity on the newborn’s birth certificate and other documents. However, the Kozhikode corporation registered the child’s birth on February 17, 2023, with the father’s name recorded as ‘Ziya Paval (Transgender)’ and the mother’s name as ‘Zahhad (Transgender)’.
The couple approached the court seeking to direct the authorities to issue a fresh birth certificate mentioning them as 'parent', instead of 'father' and 'mother'. The petitioners were represented by advocate Padmalakshmi, who made history this year by becoming the first transgender woman to become an advocate in Kerala.