Zahhad C/o Ashitha vs State of Kerala - 2025 Supreme(Ker) 1715

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Ker) 1715

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A.
Zahhad C/o Ashitha – Appellant
Versus
State of Kerala – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Padma Lakshmi, Prashant Padmanabhan, Meenakshi K.B., Ipsita Ojal, Pooja Unnikrishnan, Mariyamma A.K.
For the Respondents: V. Krishna Menon, V. Manu

Table of Content
1. transgender parents' rights in birth certificate issuance. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. respondents' objections to the petitioners' claims. (Para 7 , 8 , 9)
3. legal framework governing birth registration and transgender rights. (Para 10 , 11 , 12 , 13 , 14 , 15)
4. court's analysis of societal changes and legal adaptation. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23)
5. evolution of law to accommodate transgender parents' identities. (Para 24 , 25 , 26 , 27 , 28 , 29)
6. court orders modification of birth certificate issuance process. (Para 30)

JUDGMENT :

1. In this case, an interesting, rare and exceptional issue has come up, that relates to the rights of transgender persons touching upon the necessity to safeguard their interests, when it comes to the question of the identity of their children who are born as normal persons. The essential issue to be dealt with in this writ petition pertains to the furnishing of the details of parents and their identities in terms of their gender, while issuing a birth certificate to a child born to the transgender parents.

2. The brief facts which are necessary to decide the issue are as follows: The 1^st petitioner was born as a f