First husband listed as father of live-in couple’s child; HC orders correction

THIRUVANANTHAPURAM: The Kerala High Court has ordered the correction of the father’s name in the birth record of a child born to a couple in a live-in relationship. Justice P. V. Kunhikrishnan passed the order by exercising the court’s power as parens patriae, or as the guardian of children.

The child’s mother had married in 2007 and got divorced in 2021. She later entered into a live-in relationship with another man, and a child was born from the relationship in February this year. However, the Kochi Corporation recorded the name of her first husband as the child’s father in the birth register.

The couple approached the High Court after the Kochi Corporation rejected their application seeking correction of the entry in the birth register. Under the existing law, correction of the father’s name in a birth record is not permitted without supporting evidence, including a DNA test report of the child.

However, the court said a DNA test need not be insisted upon as there was no dispute in the petition about the identity of the child’s biological father. The court also noted that the notice issued to the woman’s former husband had not even been accepted by him. The court observed that it could intervene under the Constitution in cases where the law did not provide a remedy. It accordingly directed the authorities to correct the birth certificate within 30 days.