Kerala High Court Asks Legislature To Reconsider DNA Test Requirement For Correcting Father's Name In Birth Records Where Paternity Is Undisputed

Justice P.V. Kunhikrishnan observed:

“a minor child should not suffer because he/she was born to unwed parents and person in the Birth Register. Section 15 of the Act, 1969 and Rule 11 of the Rules, 1999, do not permit such a correction. It is true that a circular has been issued in this regard, which mandates that, if the father's name has to be changed in the birth records, a DNA test report, an agreement attested before a Notary Public, and an order from a competent Court must be produced. When there is no dispute about the paternity of a child, should the child undergo the trauma of undergoing a DNA test to prove his/her identity? I think it should be avoided. The legislature should think seriously to make appropriate amendments to the Act, 1969 and Rule 11 of the Rules, 1999, because no child should suffer or bow his/her head down merely because the name of his/her father or mother is wrongly mentioned in the Birth Register and there is no remedy available to correct the same.”

Quoting from a Kumaranasan poem about mothers, the Court also called for inclusion of parens patriae jurisdiction in school syllabus so that children know that constitutional courts are ready to step in when they suffer a legal injury:

“The children in this country also should know about the court's jurisdiction of Parens Patriae. If a situation arises, the children should know that the courts are also there to protect their interests, in addition to their loving father and mother. The best way to do so is to teach them about the courts' parens patriae jurisdiction at the school level. Just like a mother rushes to her child when the child is injured, the constitutional court also stands to minor child, by invoking the jurisdiction under the doctrine of Parens Patriae. The State should seriously think about including the court's parens patriae jurisdiction in the school syllabus so that every child should know it. I hope the Education Department of the State of Kerala will consider this and enlighten children about this right through classroom discussions and by adding it to the syllabus in textbooks.”

The Court was considering a writ petition preferred by the parents of an infant seeking a direction to consider their application to correct the father's name wrongly entered in the birth records. The Registrar had entered the name of the mother's (“A”'s) ex-husband (“C”) instead of the actual father, who was her live-in partner (“B”).

Considering that this was a fit case to exercise its constitutional powers so as to not stain a child, the Court remarked:

“Under the doctrine of Parens Patriae, the Court can act as the guardian and protector of minors. If such children face any injustice, the Constitutional Court should step in to redress their grievance…I am of the considered opinion that children should not have to lower their head because a father's name was entered in error, nor carry a burden that the law itself refused to lift. When records cannot be corrected because the existing law provides no remedy, I am of the considered opinion that the constitutional courts must step in to ensure the child does not suffer as a result. Let the mistake remain on the pages of the Birth Register, but let it never become a wound in the child's heart.”

It further added:

“No child should have to lower their head because his/her unwed parents' names were wrongly entered in the birth register and the law of the land offers no simple way to correct it. The circumstances of a child's birth can never stain the child. Children are the nation's most precious jewel. Whether they are born to unmarried parents or whether the parents of the child are not known, or the child is born to a rape victim, is not at all the concern of the country or of “we, the people of India”…Once a child is born, he/she is the asset and jewel of this country, and should live like a superstar, irrespective of the circumstances of their birth. When a rigid rule threatens the dignity of a child, or may hurt his/her mind at least in the future, constitutional courts must stand as a shield to them so that no child is left to bear in silence and tears for a wrong that is never theirs.”

The Bench placed reliance on its judgment in XXX v. State of Kerala and Ors. [2026 LiveLaw (Ker) 122] wherein it had ordered correction of the name of the father in the birth certificate of a minor child, who was born out of an extra-marital affair of the child's mother. It also referred to Apex Court's decision in Shephali Chakraborty v. State of West Bengal on the point of parens patriae doctrine.

Adverting to the facts of the present case, the Court noted that there is no dispute regarding the paternity of the child. Thus, it ordered the Registrar of Births and Deaths to correct the child's father's name in the register and to issue a fresh birth certificate to her.

Counsel for the petitioners: V.M. Krishnakumar, Sanjana Jayakumar

Counsel for the respondents: Anoop V. Nair – Standing Counsel – Kochi Municipal Corporation