Kochi: In a landmark move for gender rights, the Kerala High Court on Monday allowed a transgender couple's plea to issue a revised birth certificate for their child, identifying them as ‘parents’ instead of ‘father’ and ‘mother’. The order was passed by Justice Ziyad Rahman A A.

The petition was filed by Zahhad, a trans man, and Ziya Paval, a trans woman, who made headlines in February 2023 as India’s first openly transgender parents. They had approached the court seeking a gender-neutral format in the birth certificate issued by the Kozhikode Corporation under the Kerala Registration of Birth and Death Rules, 1999.

"We are extremely happy about the court's verdict. Trans couples like us can now opt to be recognised as 'parents' instead of gender-specific identities like 'mother' and 'father'. We filed the case soon after our child's birth," Ziya told Onmanorama.

According to the couple, the Corporation had initially issued the birth certificate listing Ziya Paval as the father and Zahhad as the mother—along with the term ‘transgender’ in parentheses. The petitioners objected to this classification, stating that it did not reflect their gender identities accurately.

"This is a major victory for the LGBTQ community. The certificate currently includes two slots -Name of Mother, Name of Father. This will be changed for trans parents henceforth.  The fifth respondent, Kozhikode Corporation, has been asked to modify the birth certificate and identify Ziya and Zahhad as parents," Advocate Padma Lakshmi, who represented the couple, said. 

Zahhad, the biological parent, had transitioned and lived as a male for years, while Ziya identified and lived as a woman. They argued that traditional gender markers failed to represent their lived realities and requested that both be recognised simply as ‘parents’. The court’s decision marks a significant step forward for the legal recognition of non-traditional families and the rights of transgender individuals in India.
(With LiveLaw inputs.)