Madras HC Asks Authorities To Consider Woman's Plea To Add Foster Parents' Name In Birth Certificate, Calls It Part Of Right To Dignity

Justice Bharatha Chakravarthy highlighted that the right to construct one's own identity regarding gender, familial, and societal context was a part of right to privacy. The court noted that the woman was not seeking to remove her biological parent's name from the birth certificate but only to add the name of her foster parents. The court thus noted that the woman was within her right to construct her identity in the society, which was part of her fundamental right.

“Dignity and the right to construct one's own identity with reference to gender, familial and societal contexts is part of the right to privacy..By specifically mentioning their names, below the biological parents, by adding the suffix “Foster”, no law is violated, and at the same time, her right to dignity and identity is established, and thus, I am of the view that she is entitled to the relief,” the court noted.

The court was hearing a petition filed by Durgadevi against the order of Chief Registrar of Births and Deaths. The woman submitted that she was born on November 16, 2005. In 2006, her father died and soon after her biological mother deserted her and remained unheard for the past 20 years. After this, the woman was being raised by her paternal uncle and his wife, who raised her as their own daughter, by giving proper care, protection, and education.

The petitioner submitted that in all identity-related documents, such as Aadhaar card, community certificate, mark sheets, and transfer certificate, her foster parents' name was being mentioned as parent's name. However, in the birth certificate alone, her biological parent's name was mentioned.

The petitioner submitted that this was affecting her rights in two ways. First, her right to be known as the daughter of foster parents was being affected and second, a dichotomy was being created with reference to her identity since the details of all other documents differed from the birth certificate, leading to serious prejudice to her education and career.

The authorities submitted that the rules only permitted mentioning the name of biological or adoptive parents' name. It was submitted that the petitioner was directed to reapproach the birth registering authorities after due adoption as per the Hindu Adoption and Maintenance Act.

While the court noted that there was no law declaring legal parentage for foster parents or foster families, in the present case, the foster parents were at a uniquely higher position that than of any other temporary foster family, but below that of adoptive parents. The court thus noted that even in the absence of formal adoption, when the woman was seeking to communicate to the world that she belongs to a particular family, the same should be protected unless there was any prohibition.

“In this regard, even in the absence of formal adoption, when the petitioner seeks to communicate to the world about the family she belongs to in a particular manner, unless there is any prohibition or restriction in any other law, the right to dignity and identity, forming part of her Fundamental Right to Privacy, needs to be protected,” the court said.

The court thus set aside the order of the Chief Registrar of Births and Deaths and directed the woman to file notarised affidavits of both her foster parents, consenting to adding their names in her birth certificate. Upon receiving such affidavit, the court directed the authorities to include their names in the birth certificate with the suffix “Foster”.

Counsel for Petitioner: Ms. K. Sinega

Counsel for Respondent: Mr. P. Thangadurai Government Advocate

Case Title: Durgadevi v Chief Registrar of Births and Deaths

Citation: 2026 LiveLaw (Mad) 210

Case No: W.P(MD)No.8267 of 2026