Zahhad, a transman (assigned female at birth but identifies as a man) and Ziya Paval, a transwoman (assigned male at birth but identifies as a woman) are the first openly transgender couple in Kerala.
They had garnered some media attention in February this year when Zahad gave birth to their child due to their unique situation.
However, the birth certificate of the child registered by the Kozhikode Corporation recorded the mother’s name as Zahad (transgender) and father’s name as Ziya (transgender).
Zahad and Ziya approached the Corporation to change the details in their child’s birth certificate to indicate both of them as just ‘parent’ rather than mother and father.
However, their request was rejected by the authorities prompting them to move the High Court.
“That the petitioners made such a request to the Kozhikode Corporation to avoid the name of father and mother on the birth certificate because the biological mother of the child has identified herself as male years ago and is living as male member in the society. Since scientifically there’s some contradiction in the fact that male giving birth to a child, the petitioners requested the authorities to avoid the name of father and mother but simply writing ‘Parent’ to avoid further embarrassment which the third petitioner would have to face during her life time viz. school admission, Adhar Card, PAN Card, Passport and various other documents including job and connected matters,” the petitioners explained.
The plea said that the denial of such a certificate is a denial of their and their child’s fundamental rights.
Moreover, the denial of the new certificate goes against the dictum laid down by the Supreme Court in the landmark NALSA case, it was contended.
The plea pointed out that various other countries allow couples, especially same sex couples, to choose their title in their child’s birth certificate from among ‘mother’, ‘father’ and ‘parent’.
Source: Barandbench
