Single mother’s petition: Issue baby’s birth certificate without father’s name, says Bombay HC to BMC

Bombay High Court. (Express Archive)

The Bombay High Court on Tuesday directed the Brihanmumbai Municipal Corporation (BMC) to issue birth certificate to a single mother without mentioning the name of the child’s father. The woman had informed court that the baby had been conceived through in-vitro fertilization (IVF).

A bench of Justice A S Oka and Justice R I Chagla, said: “If the municipal corporation has already given (birth certificate) then inform and give a fresh certificate.” The bench also directed the BMC to re-issue the certificate with a blank space in place of the father’s name.

A petition was filed by a resident of Nalasopara, through her lawyer Uday Warunjikar, stating that she had sent a notice to the civic body on December 19, 2017, to substitute the name of the father of the child. The petitioner, in the notice, relied upon the Supreme Court judgment on ABC Vs The State (NCT of Delhi), directing that if a single parent or unwed applies for issuance of birth certificate for a child born from her womb, the concerned authorities may only require her to furnish an affidavit to that effect and issue a birth certificate. The petitioner said there was no communication or decision from the municipal corporation and so, she moved court.

The petitioner was seeking a direction for the civic body to issue a birth certificate of the child born on August 20, 2016, without mentioning the name of the father. The petition was amended later to state that the BMC had tendered form no. 1 under the provisions of the Registration of Birth and Death Act, 1969. But the form indicated the title of the petitioner as “Mrs” when she is not married. The name of the father was wrong in the form.

The record is incorrect to the extent of the marital status of the petitioner, age of the petitioner shown at marriage, name of father of the child, education level of the father, occupation of the father etc, the petition states. The petitioner said she signed the form after her delivery. The petition also said the baby was conceived through IVF. On the amended part, the court said: “It is not possible to adjudicate in the petition on the amendments.” The court said it only had power to correct the registration.