Introduction:

In a groundbreaking decision on June 2, 2025, the Kerala High Court, presided over by Justice Ziyad Rahman A.A., allowed the petition filed by Zahhad, a transman, and Ziya Paval, a transwoman, seeking the issuance of a new birth certificate for their child that identifies them as ‘parents’ instead of ‘father’ and ‘mother’. This ruling marks a significant step towards inclusivity and recognition of transgender rights in India.

Arguments:

Petitioners’ Arguments:

Zahhad and Ziya Paval, who became India’s first transgender parents with the birth of their child in February 2023, approached the Kerala High Court after the Kozhikode Corporation issued a birth certificate listing Ziya as the father and Zahhad as the mother, based on their biological sexes at birth. The couple contended that this designation did not reflect their self-identified genders and could lead to confusion and discrimination for their child in the future. They argued that labelling them as ‘father’ and ‘mother’ was inconsistent with their gender identities and violated their fundamental rights under the Constitution of India.

The petitioners emphasised that the use of gender-neutral terms like ‘parent’ would prevent potential embarrassment and complications for their child in various aspects of life, such as school admissions, official documents (Aadhaar Card, PAN Card, Passport), and employment. They also cited the Supreme Court’s landmark judgment in National Legal Services Authority (NALSA) v. Union of India, which recognised the rights of transgender individuals to self-identify their gender.

Respondents’ Arguments:

The Kozhikode Corporation, in its defence, maintained that the birth certificate was issued by the Kerala Registration of Birth and Death Rules, 1999, which require the identification of ‘father’ and ‘mother’. They argued that there was no provision in the existing rules to accommodate the petitioners’ request for gender-neutral terminology. The Corporation contended that the petitioners’ demand was not maintainable under the current legal framework.

Court’s Judgment:

Justice Ziyad Rahman A.A. acknowledged the unique circumstances of the case and the evolving understanding of gender identity. The court recognised that the traditional binary classification of ‘father’ and ‘mother’ did not accommodate the realities of transgender individuals and their families. Emphasising the importance of dignity and the right to self-identification, the court held that the petitioners should be recognised as ‘parents’ in their child’s birth certificate.

The court directed the Kozhikode Corporation to issue a new birth certificate for the child, listing Zahhad and Ziya Paval as ‘parents’ without specifying ‘father’ or ‘mother’. This decision aligns with the principles laid down in the NALSA judgment and reinforces the rights of transgender individuals to have their gender identities respected in official documents.