First transgender couple to have a biological baby fight legal battle to become 'parents' in Kerala

Thiruvananthapuram: While the Supreme Court on Tuesday rejected the right to marriage and adoption for same-sex couples, in Kerala, the first transgender couple to have a biological child are fighting a legal battle over the birth certificate of their child.

Zahhad, 23, and Ziya Paval, 22, who became parents in February after Zahhad delivered a child, are fighting a legal battle as they intend to be called as 'parents' instead of 'father' and 'mother'.

The first lawyer from transgender community in Kerala Padma Lakshmi is fighting the case for them at the Kerala High Court.

The Kozhikode corporation rejected the plea of the couple to mention them as 'parents' instead of 'father' and 'mother'. The corporation authorities are maintaining that Zahhad, who delivered the child, could only be considered as 'mother' and Paval as 'father' in the birth certificate as per the norms.

A bench of Justice Bechu Kurian Thomas has asked the state government, social justice and  local self government departments to file a counter affidavit and posted the case to October 30.

Paval told DH that the Kozhikode corporation was denying their genuine plea to consider them as 'parents'. The corporation authorities were not citing any genuine reasons for denying the plea and were trying to delay the matter, Paval added.

Advocate Lakshmi said that the counsel for the state government orally maintained that the state government would not have any objection in allowing the plea to consider the couple as 'parents' in the birth certificate. Hence, a favourable decision may come.

It was in February that Zahhad delivered a child at the government medical college hospital in Kozhikode. Paval, who was born as a man, and Zahhad, who was born as a woman, had even started sex reassignment procedures when the desire to have a child came up.

Though they initially planned of adopting a child, the legal hurdles made them explore the option of having a biological child. Subsequently, Zahhad conceived the baby following treatment at Kozhikode medical college hospital. Zahhad delivered on February 8 and was considered as the first trans-father to deliver a child in the country.