Father's Name Not Must On Birth certificate

NEW DELHI: The Supreme Court has directed municipal bodies not to insist on the name of the father while issuing birth certificates for children born outside wedlock, saying that in such cases, it should mention only the mother's name.

The court said in today's society women are increasingly choosing to raise their children alone and the law must recognize the reality and evolve with the changing times.

"The law is dynamic and is expected to diligently keep pace with time and the legal conundrums and enigmas it presents. There is no gainsaying that the identity of the mother is never in doubt. Accordingly, we direct that if a single parent/unwed mother applies for the issuance of a birth certificate for a child born from her womb, the authorities concerned may only require her to furnish an affidavit to this effect, and must thereupon issue the birth certificate, unless there is a court direction to the contrary," the bench said.

The court said the state must take steps to ensure that no citizen suffers any disadvantage merely because the parents fail or neglect to register the birth certificate.

"It is the duty of the state to take requisite steps for recording birth of every citizen. To remove any possible doubt, the direction pertaining to issuance of the birth certificate is intendedly not restricted to the circumstances or the parties before us," the court said.