Madras high court has directed the authorities that baby Tavishi Perara, born through an intrauterine fertility treatment, need not have her father’s name on the birth certificate.

The entire process wasn’t an easy journey for Tavishi’s mother, Mathumitha Ramesh. She had to undertake two rounds of litigation to ensure her daughter got a birth certificate without the father’s name.

Mathumitha and her husband, Charan Raj, separated by mutual consent. Tavishi was born in April 2017 through intrauterine fertility treatment with the help of a semen donor. However, the Trichy Corporation commissioner issued a certificate mentioning Manish Madanpal Meena as the child’s ‘father’. Manish had helped Mathumitha during her treatment. Mathumitha approached authorities to get the name removed. But they rejected her plea on the basis that errors in a name could only be rectified and name removal was not possible.

Disapproving the September 2017 order, Mathumitha moved the HC. The High Court directed revenue officials to rectify the certificate. The revenue divisional officer rejected her plea again. This time, on the basis that it was the registrar of births and deaths which was liable to settle the issue.

HC honoured mother’s demand – Column to be left blank

Mathumitha approached the court again and her counsel argued that Manish’s name on certificate came up due to an error. Both, Manish and Mathumitha’s estranged husband Charan Raj, filed separate affidavits stating that neither of them was the child’s father. Justice Ramesh granted Mathumitha’s demand after clearance that she had become pregnant through intrauterine fertility treatment with donated semen.

Justice Ramesh, citing facts, directed the chief health officer of Trichy corporation to remove Manish Madanpal Meena’s name from the father’s name column. He further restrained the official from demanding any name of the father for the purpose of filling the column.
The judge said, “I have made these observations consciously in order to restrain the chief health officer from insisting on any other name in the birth certificate on the father’s name column”. He has now posted the case to June 11 for final acceptance  of the order.
Bhawana is an intern with SheThePeople.TV
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