BMC Will Now Issue Birth Certificates Without Father’s Name

In a country still struggling and fighting for women’s safety and basic rights, Bombay High Court has proven itself to be India’s more conscious civic body by directing the Brihanmumbai Municipal Corporation (BMC) to issue birth certificates to single mothers without the need to mention the biological father’s name.

This is a landmark move for unwed women, rape victims and women conceiving through IVF and other similar techniques. The plea was filed by a single woman who gave birth to a baby girl in August 2016 through In-vitro Fertilization in Nallasopara (Palghar district). The petitioner, who wasn’t keen on disclosing the name of the sperm donor, requested the high court to re-issue the birth certificate without mentioning the biological father’s name. The petitioner cited a 2015 Supreme Court judgment that states if a single mother applied for a birth certificate and files an affidavit requesting that the father’s name is not included, this certificate must be issued without insisting on the name of the child’s biological father.

In defence, the BMC produced the child’s original birth certificate and other records stating that the woman had mentioned the name of the child’s biological father along with her signature and refused to cater to the request to withhold his name. While the woman claimed she did not provide the officials with any information, BMC stated that it is not in their power to alter the details in one’s registered birth or death certificate and the matter should be taken to the civil court.

While the bench stated that the High Court cannot order the deletion of any entry in the hospital form, with the Supreme Court’s previous judgment in mind, HC directed the corporation to reissue all birth certificates if requested and keep the space for the biological father’s name blank in all the new certificates issued from now on.