Kerala HC on IVF Technique: Seeking Father’s Details affects Mother’s Dignity

Snehal Upadhyay

Published on: August 16, 2021 15:55 IST

The Kerala High Court issued directions to the State Government for having separate registration forms for the numbers of births and deaths of children born out of single/ unwed mothers with the help of Assisted Reproductive Technology (ART) which does not have any requirement of father’s name or details.

The Court observed that “The right of a single parent/ unwed mother to conceive by ART having been recognized, prescriptions of forms requiring mentioning of the name of the father, the details of which are to be kept anonymous, is violative of their fundamental rights of privacy, liberty and dignity.” 

The High Court was hearing a petition which was filed by a woman who was divorced and got conceived through In Vitro Fertilization (IVF) procedure, she challenged the Kerala Registration for Births and Death Rules, 1970 which asked to mention father’s details necessarily.

The woman stated in her petition that she could not disclose the name of the father as the sperm donor’s name is kept anonymous and hence confidentiality had to be maintained.

The plea further mentioned that necessarily filling down father’s details interferes with her Right to Privacy, Liberty and Dignity.

The Court made a note of the woman’s claim and stated that if any woman gives birth to a child by following the procedure of ART shall be recognized and accepted in the country and agreed that asking about fathers details concerning such cases would be a breach of Right to Privacy.

However, the identity of sperm donor comes it should remain confidential only till circumstances as may be compelled for, under law.

“Requiring the petitioner to leave the column regarding the details of father as blank, the issuance of a certificate of birth or certificate of death leaving the space provided therein regarding the details of the father as blank, necessarily affects the right of dignity of the mother as well as the child,” the Court further said.

Also Read: Petition filed in Kerala HC against rule to register Father name in Birth Certificate

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