The Kerala High Court has ordered that a transgender couple be listed as “parents” on their child’s birth certificate, instead of using the words “mother” and “father.”The case involved a couple named Zahhad and Ziya Paval. Zahhad was born female but now identifies as a man. Ziya was born male but now identifies as a woman. In 2023, Zahhad gave birth to their child.
The court said that the birth certificate should simply mention them as “parents,” respecting their gender identity. When the birth certificate of a baby born to a transgender couple in Kerala was issued, it listed Zahhad as “mother (transgender)” and Ziya as “father (transgender).” However, the couple did not want gender-based terms like “mother” or “father” on the certificate. They felt it might create confusion or lead to discrimination for their child in the future. They wanted both of them to be called simply “parents.”
The Kozhikode Corporation rejected their request, so the couple approached the Kerala High Court. Justice Ziyad Rahman AA heard the case and agreed with them. The judge ordered the authorities to remove the labels “mother” and “father” and issue a new birth certificate that lists both Zahhad and Ziya as “parents” without mentioning their gender. Zahhad, who was born female but identifies as male, gave birth to the child in 2023. Ziya, who was born male but identifies as female, is the child’s other parent.
In their plea, the couple said denying a gender-neutral certificate violated their and their child’s basic rights. They also pointed out that in many other countries, parents can choose to be listed as “mother,” “father,” or “parent” based on their preference.