Granting Single Mothers Privacy and Dignity

As society has advanced, people have also grown and changed. Today, many individuals have different opinions and lifestyles that defy the norms. The evolution of medical sciences and techniques has made it possible for women to conceive a child through assisted reproductive technologies (ART) such as in-vitro fertilization (IVF) without having to be in a heteronormative relationship. This is exactly what the Kerala High Court recognised when passing the landmark judgement that single mothers who conceive via ART should not be required to provide any information concerning the child’s biological father in any documentation.

This judgement came following the petition of a 32-year-old woman who approached the court seeking to strike down the sections which require the father’s details in the birth certificate of a child when born to a single mother. She stated that she got pregnant through artificial insemination and that she herself does not know the identity of the sperm donor.

In India, a woman above the age of 18 has the right to conceive through IVF, thus even the law must recognise her right to raise her child as a single mother. The above-mentioned sections, however, infringe on the right to privacy and equality of both the mother and the child. This is because in situations where the details of the biological father cannot be provided, leaving fields that require his details empty, makes it apparent that the child is born out of wedlock. This often creates problems in the lives of the mother and child due to the stigma surrounding single parents.

Observing these points raised by the petitioner, Justice Sathish Ninan directed that the Kerala government prescribe separate forms for the registration of births and deaths and issuance of certificates in cases where conception happens through ART. He recognised that mandating the details of an individual who is required to remain anonymous violates the fundamental rights of privacy, liberty and dignity, and thus asked the government to strike down the columns in question.

This judgement went a step ahead of the 2018 Madras High Court ruling, which stated that a single mother who underwent fertility treatment need not mention the name of her child’s biological father on the birth certificate.

The court suggested that applicants can be asked to present an affidavit stating that they are a single/unwed parent conceiving through ART by producing copies of medical records. This is to prevent misuse of these forms, especially in cases of family feuds. Following this, the applicants can be issued a separate form that does not contain any fields regarding details of the father.

It isn’t far-fetched to assume that single mothers will continue to face both social and administrative hardships, considering that the society we live in attaches great value to stereotypical families with two parents in the picture. But this judgement is a step in the right direction to reduce hurdles that single mothers might face, as we sensitize people to the various methods of conception, and unconventional parenthood and family structures.

NOTE: This news report was originally written in 2021, at the time of the events taking place, for The Paradigm.