Kochi, June 2, 2025 

In a progressive decision reinforcing the dignity and identity of transgender individuals, the Kerala High Court has allowed a transgender couple to modify their gender details in their child’s birth records. The Court held that the right to identity and parental recognition cannot be denied on the basis of gender transition.

A bench led by Justice P.V. Kunhikrishnan delivered the ruling while hearing a petition filed by two transgender parents who had requested changes in the birth certificate of their child to reflect their affirmed genders.

The Petition and Its Context

The couple, both legally recognized transgender persons under the Transgender Persons (Protection of Rights) Act, 2019, approached the Court after local authorities in Kerala refused to amend the gender markers in their child’s birth certificate. The parents argued that the refusal infringed on their fundamental rights under Articles 14, 19, and 21 of the Constitution of India.

The petitioners had undergone legal and medical gender transitions and had updated their identity documents accordingly. However, the registrar of births and deaths maintained that gender recorded at the time of the child’s birth could not be altered post-registration.

Court’s Observations and Ruling

Justice Kunhikrishnan strongly affirmed that gender identity is a fundamental aspect of dignity and privacy, stating:

“Once the identity of a person is legally recognized, it is not for the State or any authority to selectively accept or reject that identity in official documents.”
The Court directed the registrar concerned to make necessary corrections in the child’s birth record, allowing the parents to be identified by their current, legally recognized genders — without any retrospective denial of parental status.

This decision is a significant affirmation of transgender parenting rights in India and adds to the growing body of jurisprudence supporting inclusive identity documentation. It aligns with the Supreme Court’s landmark NALSA v. Union of India judgment (2014), which recognized the right of individuals to self-identify their gender.

Legal experts hailed the ruling as a milestone in promoting family rights and social recognition for transgender persons.