Mr. Rakesh Kumar Jain, J.:- The interesting question arising in this petition is as to whether name of a step-father, on the asking of his step-son, can be entered in the Birth Certificate, replacing the name of the biological father, in terms of Section 15 of the Registration of Births and Deaths Act, 1969?

2. The facts of this case are that the petitioner was born on 05.10.1993 from the lions of Harjinder Kumar and Surjit Kaur who got married on 16.02.1991. The entry of his birth was recorded in the Birth Certificate No.575 issued by the Additional District Registrar, Births & Deaths, Hoshiarpur as under:-

“T.145565/24.12.15

Government of Punjab

Health & Family Welfare Department

Chief Registrar, Births & Deaths, Punjab

D.P.H-368        No.575

Form-6

BIRTH CERTIFICATE

       This is to certify that following information has been taken from the original record of birth as entered in the register maintained by the Local Registrar, Births and Deaths, Municipal Corporation/Council/Panchayat/Police Station/Block (P.H.C.) P.S. Sadar,

       Tehsil and District Hoshiarpur for the year 1993.

Name: Baljit Kumar

Father’s Name : Harjinder Kumar

Grand Father’s Name: Piara Lal

Mother’s Name: Surjit

Date of Birth: 5.10.1993

Place of Birth : Marnayan Khurd

Date of Registration No.: 23.10.93

Registration No.10

Address of parents at the time of birth of the child

       Permanent address of parents

Remarks (if any)

Date of Issue

Name & Designation of official who prepared certificate

     Signature, name and address of the issuing authority

       Sd/- and Seal

       Additional District Registrar

       Births & Deaths

       Hoshiarpur”

3. The mother of the petitioner filed a petition under Section 13 of the Hindu Marriage Act, 1955 against her husband Harjinder Kumar bearing HMA Case RBT No.98 of 27.8.04/29.10.05 in the Court of Additional District Judge, Hoshiarpur, which was allowed on 06.06.2006 and their marriage was dissolved by a decree. Thereafter, the petitioner got the name of his step-father Surjit Singh recorded against his name in the records of the Punjab National Bank in which he maintains his account, Voter Identity Card issued by the Election Commission of India and also in the Adhar Card. However, the petitioner, in order to get the name of his step-father Surjit Singh incorporated in his Birth Certificate by replacing the name of his biological father, filed an application to the respondents.

4. Counsel for the petitioner has submitted that the entry in the Register of Birth can be corrected in terms of Section 15 of the Act and hence, the direction may be issued to the respondents to perform their statutory duty.

5. I have heard learned counsel for the petitioner and perused the available record.

6. There is no dispute that the petitioner is the son of Harjinder Kumar who is his biological father. The word “biological father” is defined in the Black’s Law Dictionary as “the man whose sperm impregnated the child’s biological mother”. Even otherwise, in the same dictionary, “biological parents” is provided as “the woman who provide the egg or the man who provides the sperm to form the zygote that grows into an embryo” which is also termed as “genetic parents”. On the other hand, the stepfather is defined in the Concise Oxford English Dictionary as “a man who is married to one’s mother after the divorce of one’s parents or the death of one’s father”. Thus, there is no doubt that Harjinder Kumar was the biological father and Surjit Singh is the step-father of the petitioner.

7. Now the question is as to whether Section 15 of the Act can be invoked by the petitioner for correction of the entry in his Birth Certificate for incorporation of the name of his step-father in place of his biological father. In order to appreciate the controversy, it would be relevant to refer to Section 15 of the Act:-

“15. Correction or cancellatio