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Soph (worker)     21 October 2014

Obtaining birth certificate in single parent

PROBLEM : Obtaining birth certificate in single parent/mother's name for child born in 2010 in Haryana, records for whose birth have mother's name and mother's husband name as father's name.

 

FACTS to the problem:

 

1) Biological parents married to different people at the time of birth and continue to be "legally" married to separate people. Mother and her husband not cohabiting conjugally for a decade. Mother not staying with husband since late 2010. Biological father living with wife and two children.

2) Biological mother and biological father both Hindus.

3) Child born out of wedlock but not out of a live-in relationship

4) No fraud or deceit meted out to child's mother by child's father regarding conception of child. 

5) Hospital records show husband's name as father's name owing to stigma that was assumed to attach to the husband's family and name. Such providing of data was done by husband himself and not the mother, despite repeated requests to mention the correct name.

6) On approaching the birth certificate issuing authority, no requests entertained to correct the name which was actually very easy owing to the first name being same.

7) Due to family mishaps and other unavoidable misfortunes, mother could not pursue the case legally for want of time and money.

8) No way could be found in which husband's name could remain unaffected from ignominy. So, the dual blows of penury and concern for husband (yes, it sounds very hypocritical but spare the jabs please because the tip of the iceberg is no measure of the bulk of the root of this mess) has resulted in no action on the problem except seeking free legal help which wasnt forthcoming or useful

9) Things have come to a point where the child is of school going age and no school admits for want of birth certificate. Worse still is a mandatory prerequisite by some of the schools to produce a birth certificate procured within the year of birth.

10) Attempts were made, with much reluctance, to request the biological father to furnish an affidavit which could help get the correct birth certificate. A request which, after being sufficiently toyed with, was turned down by him.

11) The mother does not seek any maintenance or rights for the child - merely a birth certificate in the real name or just her own name so that the child may get some schooling and not be ostracised for more reasons than are absolutely unavoidable. The biological father perhaps doubts the intention and therefore does not comply. Of course there is no way to prove the above board intentions.

12) The mother tried to get a birth certificate in her name alone but was told by authorities that it is not possible and father's name is must. There is no point in requesting the father again and again. There is no point in misusing the husband's name nor is that the will.

13) Is there any way anyone out here could help? The mother is practically penniless today and that is not an extrapolation - for a variety of reasons people can be broke in life and continue to be so for a long while with no control over the situation - anyone wanting to help but doubting that may please ask and honest answers shall be provided on why.

14) The mother does not want to push for a paternity suit to either disprove the husband as father or prove the biological father as father. Is it too much to ask for a child's birth certificate who was born without doubt and whose birth was recorded as well - in just the mother's name? Is it so incredible that a mother is not asking anything just a birth certificate? Authorities and 'well-meaning' people have advised to go ahead with the husband's name as that would prove beneficial for the child. But that would again cement the very idea that the child is a mistake and that magnanimous husbands or other angels are needed to cover the shame - which is definitely not the case. There is nothing shameful about the child especially since the mother is not asking for anything  from anyone. Please help if can.

15) In a country where s*x workers and rape victims and IVF recipients are mothers as well and hopefully their children have birth certificates AND where the Virgin Mary is equally well worshipped as Kunti - the unwed mother of Karna and of the five Pandavas born out of wedlock or Shakuntala, herself a child out of wedlock and who, again out of wedlock, bore the king Bharat after whom we get the name for this country or Narad Muni's unwed mother or Kabir's to name just a few - how and why must a child be denied acknowledgement of existence? On the one hand one parent is refusing to be acknowledged and yet the system insists on producing documents supporting his fatherhood whereas on the other hand the mother bore the child and is not shy of bringing it up THEN WHY should she be denied the dignity of getting the certificate in her name as parent without being subjected to rapacious looks and queries by dealing officials? Why must a mother be served a chastising sermon first and a sorry-cant-do-a-thing desertion at the end?

 

OTHER FACTS pertaining to the case:

 

a) The case is about myself but I have referred to myself in third person to maintain objectivity and some professional accord. So, subtle "slips" to addressing me in person are not required, I apologise for ruining that opportunity. I shall appreciate genuine help and guidance, be it addressed directly or indirectly.

b) For someone who has been through terrible turbulence in life, it really will amount to a final defeat to be educated myself and not be able to send my only child to school. No child should have to grow up like that. It is not so much about schooling but about the child being questioned - Why dont u go to school, kiddo? and being clueless about the answer and later devastated about it. For my part, I can raise the child devoid of any complexes but it would be a shame to become a victim of antiquated laws in a country where millions teem with the proverbial paternal hand of blessing and millions more gasp for breaths of dignity and basic life despite their mother toiling body and soul for it.

c) I dont know if any help would come my way and of late I am beginning to brace myself up for this new test of life where I will have to face the helplessness of not being able to have my child ever see the insides of any institution and live like insects and animals in this country - with no identity at all. I have been visiting this site on and off and have come across advice posts where people are advised not to sow their wild oats lest the woman milks them for it later on. I would like to request for curbing of any such desire to deem me a usurper or freeloader. I am on the verge of I dont even know what and am not a very open person but had no option but to try this place as a last resort before I give in.

 

Please, in the name of all good that resides in us all, help me raise this child with a name and an identity issued by the government. The child's existence, ironically, is no proof.

 

Thank you to all who read this through and those who might respond. If I may have accidentally or ignorantly omitted any vital info, please ask away. There is not an iota of anything but the truth in what I have stated above.

 

Regards.



 11 Replies

Tajobsindia (Senior Partner )     21 October 2014

@ Author,

 

1. If child is born out of wedlock and already has a birth certificate in name of legally married husband (step father) then I do not see what is issue here in your rather long confusing brief to get the child admitted into a school?


2. Law says for birth certificate father’s name in children born out of wedlock can be kept - remained as ‘blank’ OR father’s name in children born out of live-in relationship can have live-in partner name or can still be kept - remained as ‘blank’. These two types of birth certificate are valid for school admission and if school is not admitting child seeing father's name as blank in these certificate then remedy is before State's HC under her Writ jurisdiction. . These Amendments or Writ directions were quite ‘progressive’ to protect natural mother and such children born out of wedlock and were hard work of social activists.


3. However, if you insist to have after your marriage natural father’s name instead of current legally wedded husband’s name in birth certificate then I donot see how many times at whims and fancies of a natural mother laws on birth certificate can be changed - amended? Leave aside ‘rights’ of such child as Apex Court has already said child born out of wedlock has no rights whatsoever in natural father's assets.  


4. Once a Birth certificate is made it cannot be amended to have only mother’s name by deleting father’s name (out of wedlock father name OR love in partner as father name OR step father as is put in a certificate) and only changes allowed is spell correction or mentioning full name of parents. One should have thought of it before and/or at the time of making birth certificate to make it only in name of mother as that is allowed.

 

5. By remaining separate from legally wedded husband does not warrant that already issued birth certificate of child under father's name should change to some other male name. How that female mother's expect to change ? Is it not too much to ask from legislatures thy name all the illustrations and so called emotive social takes you are mentioning in your brief? I am sorry to say it should not be at all allowed for a reason the sanctity of birth certificate will be lost in toto and tomorrow if allowed to change then natural father name changed then some lady will come and ask I slipped knowing who was natural father and by mistake I thought he was thus got it changed but today came to know he was not natural father but some Mr. Y was so be in legislative position or be it in ld. Judge position and ask yourself will such situation will not come up where lady has multiple partners and didnot knew who actually was real father and after somehow birth certificate was amended (say) she comes again and points out the right father and ask that certificate to again change? ! 

 

6. The extreme option is to take divorce from legally wedded husband and file a paternity suit against natural father and once decided file a Writ to get birth certificate changed which all are your call and is the only way out in current legal position. 

pointer - https://www.lawyersclubindia.com/forum/Child-from-live-in-relationship-65289.asp 

 

Illustration coming out of brief as I understood and thus above replied: 

Say some Sarika had physical relationship with say some Ashok (Hooda) but legally marries some one by the name Ashok (Chhokar) and meanwhile a child is born whose natural father infact is Ashok (Hooda) and only Sarika knows about it and Ashok (Chhokar) got birth certificate (hospital records) of child made under mother name as Sarika and under father’s name as Ashok (Chhokar) with whom she has legal marriage. But Sarika now wants birth certificate (Hospital records) amended to have natural father’s name as Ashok (Hooda) as due to her own social reasons as Ashok (Hooda) is natural father of the child. Law says NOW not possible either birth certificate (Hospital records) should have been made leaving father’s name blank even after marriage and ?magnanimity? of Ashok (Chhokar) OR could have only legally wedded husband’s name as father’s name OR could even have step father's name under father's name PERIOD. 


Basis of above is from your own opening facts which are underlined + bold + red colored and I quote you “PROBLEM : Obtaining birth certificate in single parent/mother's name for child born in 2010 in Haryana, records for whose birth have mother's name and mother's husband name as father's name.”


And donot confuse us by saying birth certificate of single parent/mother?????. How come you are single parent as of today’s date when you are legally wedded till date to a person. It is other fact that you both for few years are not cohabiting that does not mean you are single parent / mother,  have you been divorced from him (step father of child whose name is there in the birth certificate) to say you are single parent/mother?.  You are just raising a child as single parent/mother - to that much I will allow you to say in your brief and not otherwise. Common donot twist social words that quick reading gives this brief one colour as if laws are so mean and or unjust for such children whereas in-depth reading of this brief comes out with different color. All that you are writing in long hand are not applicable at all in your case and cannot be allowed in accordance with law (social). The child has a birth certificate, get the child admitted into a school instead of insisting to change the birth certificate which cannot be changed even by a Writ of Mandamus.

 

[Last reply]

1 Like

Soph (worker)     21 October 2014

@TAJOBSINDIA:

 

-- Thank you for taking the time to read and attempting to help via reply.

-- Apologies for a long post which was intended for the purpose of clarity and not of ambiguity or confusion, but I will take the blame for that and hope that it may be kindly understood that one isnt always gifted with the art of communication. And since my case illustration has not been understood correctly owing to perhaps my own less than perfect representation, I cannot possibly say much except express a few points as follow.

-- Allow me to try again and also address some of the lack of clarity of communication. BUT before that may I also humbly submit that you seem to have jumped to conclusions regarding my personality or the case, Sir/Madam. I do not mean to offend and am truly grateful for your reply but I find it imperative to attempt clearing my position so that I may be better helped. Please note the following: 

 

1) 1. If child is born out of wedlock and already has a birth certificate in name of legally married husband (step father) then I do not see what is issue here in your rather long confusing brief to get the child admitted into a school?

Child does not have a birth certificate yet (I thought that was rather clear from my post). Birth records of hospital sent to birth certificate issuing authority have name of husband as father. The birth certificate is yet to be had. It is the authorities who insist on copying from the hospital records sent them and not take my data. My "rather long confusing brief" is an attempt to get either a correct certificate or one with just mother's name. As for  what is the problem, well only a child growing up in this situation and the mother bringing it up can understand - other people can merely help in good faith minus sermonising. To grow up with a birth certificate which you know isnt correct can depress a child more than having a painful truth. Of course, it is a personal matter of what is bearable and what is unbearable for an individual..

 

2) I thank you very much for informing that there is an option that father's name be left blank - I wasnt aware of this. Unfortunately in this case I was never asked any details at the hospital maybe because I was postpartum. Those who were asked gave my husband's name for a variety of reasons, ignorance included. NEITHER did I refer to laws as regressive or such like NOR write off efforts of activists in the direction. I do not know how it came across thus to you for I categorically mentioned cases from ancient myths and tales - a nation that has been upholding its myths and tales in a most sanctified manner is not a nation which refuses to be progressive. However, it takes a significant strength or majority of stakeholders in order to change a law or make more amendments as the need of the hour evolves. PLEASE understand that I do respect the flexibility and scope of law and it is that faith in the system which makes me seek out guidance here and not otherwise.

 

3) I SHALL HAVE TO PASTE A PART OF YOUR TEXT HERE: 

 

However, if you insist to have after your marriage natural father’s name instead of current legally wedded husband’s name in birth certificate then I donot see how many times at whims and fancies of a natural mother...

In response to above, I humbly state that your callous accusation of whims and fancies has really been a shocker. The whims and fancies accusation may have applied, according to your sensibilities, although there are countless precedents in all walks of life where people have changed their minds and been called revolutionaries and thinkers for that - though perhaps they too would qualify as whimsical and fanciful in some books. It is perhaps one of the worst subconscious s*xually discriminating remark I may have heard and I can thank you for the novelty atleast perhaps because coming from a lawyer it is disguised in a lot of jargon and is a break from the usual 'you are a slut' stance. BUT MOST DEPRESSINGLY, you have used the term "whims and fancies of a natural mother" in a manner of including all women who may have some commonality with my case. Is it a case of telling me or rather us that we ought to be grateful for what has been done for us and wait for more pickings as time goes by? Sir/Madam, I believe that in winning some legal protection for a section of society, a lawyer or an activist also imparts them a knowledge of the worth of their existence just like a teacher does not just teach a lesson but also empowers a child to use that learning for further good and resolution. Your patronising should have felt good perhaps but it didnt. I am sure many natural mothers of whims and fancies must lie low after just such callous 'help'.

 

...laws on birth certificate can be changed - amended?

NEXT the question of how many times! Since there isnt a birth certificate yet it would perhaps amount only to a one time change, and that too in primary records not in birth certificate, unless you assume me to be of a mentally imbalanced disposition to repeatedly want to change my child's father's name for reasons best 'imagined' by you AS no logical reasons other than two at max can be known.

 

Leave aside ‘rights’ of such child as Apex Court has already said child born out of wedlock has no rights whatsoever in natural father's assets.  

I, for sure, did not mention any rights to be claimed unless you read my post in a blinding hurry. The only right I mentioned was the right to have a proof of existence aka birth certificate with factual information unless that right is also denied. And honestly, if it wasnt essential for conducting affairs of civil human life, I wouldn't even bother about procuring one. Just what gave you the idea that any right to natural assets is desired? I shall reserve my comments on how that made me feel. I am more and more inclined to believe this reply came from a male member of society who did not think out of the box - this time at least. Please refrain from judging people without knowing them personally. AND, make an honest and quality attempt at reading posts and problmes, if at all you feel inclined to respond and advise. Please do not be in a tearing hurry to pass JUDGEMENT when only advise is sought. More harm is done by thoughtless outpour than by conservative silence.

 

4) Once a Birth certificate is made it cannot be amended to have only mother’s name by deleting father’s name (out of wedlock father name OR live in partner as father name OR step father as is put in a certificate) and onlychanges allowed is spell correction or mentioning full name of parents. One should have thought of it before and/or at the time of making birth certificate to make it only in name of mother as that is allowed.

To above: Birth certificate has not been made - PERIOD. Changes sought merely require change of last name. As to having thought of it earlier, it was well thought out but understand this, Sir/ Madam that life doesnt always happen according to plan - if it hasn't dawned on you already. When I or any other needy person posts a problem here they are not looking for analysis in hindsight; only solutions for the present and future. It would save responders a lot of energy and effort if they kept this in mind.

 

5) 5. By remaining separate from legally wedded husband does not warrant that already issued birth certificate of child under father's name should change to some other male name. 

Honestly, where in my post did I come across as that dumb to assume the above? Thanks for reiterating, nonetheless. AGAIN, no birth certificate yet.

 

How that female mother's expect to change ? Is it not too much to ask from legislatures thy name all the illustrations and so called emotive social takes you are mentioning in your brief? I am sorry to say it should not be at all allowed for a reason the sanctity of birth certificate will be lost in toto and tomorrow if allowed to change then natural father name changed then some lady will come and ask I slipped knowing who was natural father and by mistake I thought he was thus got it changed but today came to know he was not natural father but some Mr. Y was so be in legislative position or be it in ld. Judge position and ask yourself will such situation will not come up where lady has multiple partners and didnot knew who actually was real father and after somehow birth certificate was amended (say) she comes again and points out the right father and ask that certificate to again change? ! 

For the first time in your words pasted just above, I found you to be taking up a real concern which may prove a hindrance to sanctity of law, and not merely play the role of moral preacher. Bingo! Yes, that may happen and it would be a very weak legal system comprising of fools that would not be skeptical of such issues cropping up. Fair enough BUT healthy skepticism differs from discriminatory suppression. While skepticism allows for a minute look into all aspects of a situation before formulating a law, a mean and biased mindset in the garb of a legal eagle will simply misuse skepticism to allow laziness and continuance of repressive laws. Sir/ Madam, one of the foremost reasons the concept of society was created is because it took almost a village to bring up one child. If despite that, an honest, law abiding and if I may say traditional person finds themselves in a position such as this, please take out your thinking caps and think outside the box and not jump to conclusions - a callous word from your end could depress a soul beyond repair. Try not to do good maybe but refrain from even accidentally causing harm. Yes. I know I am appearing to be advising you but you asked for it.

As for Judge position and ask yourself will such situation will not come up where lady has multiple partners and didnot knew who actually was real father and after somehow birth certificate was amended (say) she comes again and points out the right father and ask that certificate to again change? ! 

yes, it may come to that or even more complicated than perhaps you or I can imagine but that does that accord you the right to lump us all in the same heap and dispense with justice as per your understanding? And, did your remark reek of disgust for just such women? Anyhow, while my case may seem whimsical to you, I do not see any similarity of it to the possibility you mentioned. Each case must be evaluated on its own merit, other cases and scanarios maybe surely looked at with a view to arrive at justice and not to demean the plaintiff. To comment more may lead to a gender bias debate which is not my agenda surely. There maybe women with multiple partners, mostly those who have been gang raped , but of course that data would not interest you for its obvious lack of scandal and titillation. So one must contend with women who sleep around and have no memory of who might be Daddy! Madam/ Sir. spare me the rigmarole - I made an individual representation of an individual problem, please assess it solely on that humble ground. I am seeking respite for my situation, if that helps others fine. I am at least sure I am not a wrong doer nor a threat to anyone. I find your impatience and temper loss rather unnecessary. Spare that energy or utilise it to solve this issue - like a true activist and not like an impatient, moral high-brow.

 

6) 6. The extreme option is to take divorce from legally wedded husband 

Above not possible for a while atleast in the present circumstances.

 

and file a paternity suit against natural father 

Again you seem not to have gone through the brief carefully - no intention of filing a paternity suit if birth certificate maybe procured in a simpler manner.

 

and once decided file a Writ to get birth certificate changed which all are your call and is the only way out in current legal position. pointer - https://www.lawyersclubindia.com/forum/Child-from-live-in-relationship-65289.asp 

Birth certificate yet not made. And I really thank you for your candidness in telling me that divorce is the only way out in current legal position. I dont think I can thank you much for the above pointer for 1) I have already gone through it and 2) if you read carefully you will find it mentioned in the beginning of the brief that this wasnt a live in relationship.

 

 

NOW FOR THE ICING ON THE CAKE:


And donot confuse us by saying birth certificate of single parent/mother?????. How come you are single parent as of today’s date when you are legally wedded till date to a person. 

 

 

I am not a lawyer and therefore do not know what constitutes a single parent in the legal sense - biologically there cant be a single parent - so there we are with a misnomer! If you are kind enough, I shall be grateful to be enlightened on the exact definition.

I have no intention to confuse you or anyone else. Not so painstakingly, will I? Legal marriage cannot and is not a claim to be dual parent or whatever the term might be. Also there is no reason to believe that children living together with a married couple are biologically necessarily their own EXCEPT for in moral rhetroic and legal parlance. This is not to say that all marital homes are crowded with children of mixed parentage. But just to diffuse some of the insult in your presumption, I felt it necessary to send an eye opener, though I believe as a person of this world and more so owing to your profession you have seen more of the real life than the believed-to-be-true life.

 

 

It is other fact that you both for few years are not cohabiting that does not mean you are single parent / mother,  have you been divorced from him (step father of child whose name is there in the birth certificate) to say you are single parent/mother?.  You are just raising a child as single parent/mother - to that much I will allow you to say in your brief and not otherwise. 

 

 

Again, since I will have to check the legal meaning of the term single parent, so I will just thank you for "allowing me to say just that much" - never knew you were the permitting authority as far as I was concerned. Also "just raising a child" is an activity I would highly recommend to you - it may be an eyeopener on the "just" aspect of it, if nothing else.

 


Common donot twist social words that quick reading gives this brief one colour as if laws are so mean and or unjust for such children whereas in-depth reading of this brief comes out with different color. 

 

 

Did you mean 'come on'? And no, I am no twister nor juggler of words - that is a lawyer's domain and we lesser mortals are immensely grateful to the tribe for that skill for honest and sometimes not so honest reasons. As for the color; well perhaps you may want to take a second look if your glasses aren't tinted and that accounts for the"color" that you see? And please refrain from referring in the plural - others can speak for themselves, you may kindly stick to just your own opinions which shall be really respected despite their bias.

 

All that you are writing in long hand are not applicable at all in your case and cannot be allowed in accordance with law (social). 

 

 

If I may kindly request you to reassess my case without the blinkers on and entirely out of your own choice, perhaps you will let go of the jumping to conclusions stance and take a more calm and collected understanding of it. "...cannot be allowed in accordance with law (social)." - did you mean tradition when you said law (social). Thanks again for notifying that your word holds great water when it comes to what may be allowed and what not in the name of law or the percept of it.

 

 

Mr/ Ms Tajobsindia, I am aware that my reply will most likely be taken in the wrong spirit. But honestly, what was it that offended you so much to start you on that tirade of subtle yet aggressive slandering and sermonizing? I had clearly requested for just help and not much else. Why did you feel compelled to be so abusive? I shall thank you for the few important pointers that I got from your reply like BC can be in just one parent’s name, Writ of Mandamus etc. but honestly did you really need to be so colourful in your language to make those three valid points? No matter what I say about my heartfelt gratitude about the wisdom, albeit little, I gleaned from your reply you will find it hard to believe it owing to my honest response to your words. I can merely request you to view this interaction from an unbiased viewpoint, it will perhaps not lead to bruised egos then. You accuse me of having written a long, confusing and lastly twisted post aimed at confusing people! Long, yes. Confusing, maybe, though I wrote at length only to ensure clarity yet I do apologise for my poor expression and will surely focus on ways to improve it in future. But to call it “colored” and aimed at confusing people, really that was a new low! No one that I know of has the time or energy to write such long posts detailing their lives merely to confuse people. I am a very real person with an honest calling. From your stature it appears that you are a knowledgeable and respected member of the society and believe me I cringe at calling a spade a spade even. But Sir/ Madam, this may be a long one before I can even hope for some respite – I cant honestly be expected to suffer in silence and damage myself heart and soul with callous comments like yours in the process. I am aware that a lot worse will come my way most likely, its just that it hurts to see educated, emancipated and so called responsible citizens of society to taunt in such a manner when all I requested for help at your choice and convenience. You may have overlooked the post if you felt that it was written by a whimsical and neurotic woman but of course you felt the greater urge to do moral good by reprimanding chastising and demeaning a rank stranger somewhere out there in your country.

One last time, Sir/ Madam I am grateful for your reply but hurt as well. Of course one may say that I should be grateful for not being subjected to the filthy abuses that may have come my way but really what kind of pessimistic hope would that be? I AM MOST GRATEFUL TO YOU FOR bringing back to the surface my logical and self respecting persona. I understand that I may be banished from this site as well for causing assumed grief on account of harsh words (again assumed). This was my first ever post on here and despite all, I am sorry to have had to speak to you thus. I may have caused you irritation at the least but I cant honestly seek forgiveness for it and I am sure you can appreciate why. I genuinely remain grateful for your taking the time out to read and reply to my case, however short-sightedly and callously.

 

Regards.

 

 

Tajobsindia (Senior Partner )     22 October 2014

@ Author,

 

1. I read your reply. 


2. A Birth is either informed by a clinic / hospital if it takes place there and such piece of Paper of the clinic - hospital is a Public Record and cannot be changed – amended by clinic – hospital themselves OR a Birth is informed by a lineal ascendant – relative of a newborn directly at Registrar of Births and Deaths Office at the Ward office under which a newborn is born within limitation period and after lapse of limitation it is endorsed by meeting late fees in accordance with Law.


3. Since a Public Record already exist at the clinic - hospital I leave question of morality – ethics to you i.e. use it now or discard it later by telling the truth to a child. I have no interest to questions once ethics - morality especially that of internet queriests.


4. If directly Birth of a newborn to be Registered before the Ward office at a belated time then it can only be done by a Court of Law if Ward office is not listening to such public pleas and for that Writ Jurisdiction is preferred option. But here the natural father is not legally married to you so Writ jurisdiction will not apply in your case.


5. There is no other option available to you other than what I mentioned earlier as my opinion.


6. One again I say I don’t want to touch ‘morality / ethical’ question and reference to pantheon with touch of modern lace as in your briefs as Law no doubt follows social changes that are happening but currently I donot think this brief’s ethical - social question needs to be looked with fine comb by Law as it will then open up pandora’s box mostly for misuse purpose which is my view. This is so because Law does not have have anything to say for - against pre-marital s*x other than age of majority of either gender. 


7. Reference in my previous reply is not meant for you or is never intended to show you as a person in that way as you taking. It is purely an straight forward argument which any amicus curie would push forward for social ‘change’ to happen but I encourage you once again if you can reply to my one question which I will ask you again then there may be a hope in your case and I ask you again the same question which I asked earlier and you took it personally which is never my intention and should not concern me. The question;  “A un-married lady has multiple s*x partners before marriage and eventually she gets married and a child is born out of her wedlock, she if your brief is taken as pointer then say she gets a Birth certificate made with name of natural father instead of her married husband’s name and after say 6 months journey onto memory flassh back lane which she travels she comes to Court again and prays, I made a mistake earlier identifying natural father as I had multiple partners before marriage (there is no law to stop a person not to have multiple partners before marriage so why you take this as a callous reply of mine! Only law that is there is for bigamy - adultery - age of majority related), so this lady now says in Court that Lordship I pray before Bench to amend Birth Certificate again with THIS man’s name as child’s natural father instead of earlier given name under fathers name and though I am married to someone else. Will you say as ld. Judge allow it no matter child's whole life is before the Court?”  And I ask you again why not this question can come up again as in ‘whims and fancies’ of ‘a person’ (is it not related to whims and fancies as Law does not say to hide natural father's name and what is wrong in asking this question in Court by say State or by an amicus curie?   Your question of Law is always put before State as one of the party to the case. Are you not asking for an interesting social change to happen?


8.
If you come here to a legal forum with a question then have heart to digest some replies too as if same matter goes to a Court whole sets of social questions pops up as reference and one by one ‘reasoning’ is drafted by a ld. Judge and I stand by my questions howsoever it may sound callous to you as in a queriest point of view. And I and the forum has no intention to stop you asking a query and no members accounts are deleted by just asking a query unless un-parliamentary words used by a replier or by a queriest. 


9.
I am one of those professional’s here who has taken much abuse from multiple repliers to protect even live-in / rapist queriests asking question to save them, so I most often ask direct questions and take blunt replies too all in neutral professional spirits here. Choice is that of a queriests to show how his – her PRAYER is justified with a hope to see The Change. 

1 Like

Soph (worker)     22 October 2014

@tajobsindia:

Sir/Madam,

Thank you for your patience in reading and caring to reply. 


Having said as much, I maintain my statement that you went to great lengths to make a few valid points and somehow the reply smote of something not healthy per se. I shall be glad to discover otherwise. Meanwhile it is good to know that the whole thing doesnt bother you. A little consideration, though, is never amiss IMHO. No offence there.


I am really not going to irk you more and recourse to brevity. Just a few important points in my opinion:


1) OR a Birth is informed by a lineal ascendant – relative of a newborn directly at Registrar of Births and Deaths Office at the Ward office under which a newborn is born within limitation period and after lapse of limitation it is endorsed by meeting late fees in accordance with Law.

The birth was not informed by either lineal ascendant or relative to the authorities. It was merely informed to the hospital staff by neither of the aforementioned. This may have no legal bearing but just to present the facts.


2) One again I say I don’t want to touch ‘morality / ethical’ question and reference to pantheon with touch of modern lace as in your briefs as Law no doubt follows social changes that are happening but currently I donot think this brief’s ethical - social question needs to be looked with fine comb by Law as it will then open up pandora’s box mostly for misuse purpose which is my view. This is so because Law does not have have anything to say for - against pre-marital s*x other than age of majority of either gender. 

Glad to hear that. Unfortunately a long rigmarole with just such innocent  references was observed in your reply and thus my expression. I am glad that with your illustrative descripttttion as well as my pantheon of lace, we both do agree that getting into the socio-ethical aspect of this query is besides the point. However, humaneness must never be dispensed with. I am thankful to you for limiting your opinions and stressing on facts now.


3) “A un-married lady has multiple s*x partners before marriage and eventually she gets married and a child is born out of her wedlock, she if your brief is taken as pointer then say she gets a Birth certificate made with name of natural father instead of her married husband’s name and after say 6 months journey onto memory flassh back lane which she travels she comes to Court again and prays, I made a mistake earlier identifying natural father as I had multiple partners before marriage (there is no law to stop a person not to have multiple partners before marriage so why you take this as a callous reply of mine! Only law that is there is for bigamy - adultery - age of majority related), so this lady now says in Court that Lordship I pray before Bench to amend Birth Certificate again with THIS man’s name as child’s natural father instead of earlier given name under fathers name and though I am married to someone else. Will you say as ld. Judge allow it no matter child's whole life is before the Court?”  And I ask you again why not this question can come up again as in ‘whims and fancies’ of ‘a person’ (is it not related to whims and fancies as Law does not say to hide natural father's name and what is wrong in asking this question in Court by say State or by an amicus curie?   Your question of Law is always put before State as one of the party to the case. Are you not asking for an interesting social change to happen?


From this last reply most kindly furbished by you, I am prone to believe that the above mentioned is really the crux of the argument. Well, I am no lawyer so please grant me anticipatory pardon for my ignorance if I falter in my response. 
 
My answer to your question Sir/Madam/Lordship/Ladyship would be as follows:

 
" A person comes with his/her unique problem and has little or nil prior knowledge of other precedents or anticipated future risks. It is for the jury to decide if my case merits a favourable decision for I bring with me honest reason, no feigning of intention or alleged amnesia or change of plan or clarity of confusion on paternity. My case is unique in its points and therefore, while support maybe sought from similar precedents, there is no reason why this may not be a landmark case. In absence of any other precedent must a person be denied fair dealing just for fear of future misuse? Isnt the 498A being misused blatantly? Does that take away from the fact that it offers a chance for respite to millions of women who may not have the voice of urban, educated and manipulative women? As for what is my answer to - if unmarried women in future indulge in physical intimacy with multiple partners and later on present with cases of feigned or real amnesia and request for repeat changes in name - Sir/ Madam I can only speak for myself. I can assure that I shall not be requesting for a change no matter how lucrative such a change maybe for the simple reason that I am looking for this correction owing to my respect for truth and honesty and truth does not have a habit of changing. As for women resorting to such measures - why, arent there paternity and DNA tests in existence? Will a man refuse to have himself tested if he is sure of his innocence and not clear his name? Also, the honourable courts are no fools to not be able to assess cases in their own light. To assume that the law would just take a blanket view of things is to really have a poor opinion of it. Either I am wrong in my understanding of what law and justice stand for or I am being tested unnecessarily. Also, if one were to look at precedents alone, women do not go to courts baring all regarding their child's paternity, not in a culturally closed country like India. I am an ordinary individual from this society who happens to have an issue that can only be resolved through a legal change. To deny me a fair chance would mean that the law does not have confidence in itself to be able to rout out future fraudsters. I, for one, will not have such a poor opinion of the legal system. Also, Sir/Madam, the halls of justice are replete with instances of laws being unabashedly misused by people through muscle power or lacunae in the legal framework. If that does not deter lawmakers from continuing ad nauseum with the laws, then why must my simple request be turned down for fear of misuse? The honourable justices are well qualified and better experienced to evaluate cases. My case is not of an unmarried woman with multiple s*xual partners - mine is a case of a single event. Therefore, a woman with multiple s*xual encounters overlapping each other will not be able to have my strength of argument and fact." Allow me to object to your And I ask you again why not this question can come up again as in ‘whims and fancies’ of ‘a person’ (is it not related to whims and fancies as Law does not say to hide natural father's name and what is wrong in asking this question in Court by say State or by an amicus curie? I strongly maintain that mine is not a case of whims and fancies as I have never before approached anyone over the fatherhood issue. I was unaware of it and came to know of it only upon approaching the authorities for a birth certificate. Also, I take extreme offence at your implying that I 'hid the natural father's name simply because I never knew what name exists in the hospital records. On the contrary, I am painstakingly requesting for correction of name, expecting nothing but the correct name as against allegations of rights to natural assets of the biological father for my child. This alone absolves me of the accusation of hiding. This is most absurd and thoughtless to allege thus when all my actions prove otherwise. I have not been hiding anything. Irrespective of how the case may be decided this is the only statement I have to make and there shall be no change to it for this is a case for trying to get some respect for truth.


4) If you come here to a legal forum with a question then have heart to digest some replies too as if same matter goes to a Court whole sets of social questions pops up as reference and one by one ‘reasoning’ is drafted by a ld. Judge and I stand by my questions howsoever it may sound callous to you as in a queriest point of view. And I and the forum has no intention to stop you asking a query and no members accounts are deleted by just asking a query unless un-parliamentary words used by a replier or by a queriest. 

 

I do have a heart to digest quite a bit, Sir/ Madam. Pardon my ignorance, if any, your words did come across as unnecessarily vitriolic. Instead of venturing to ask more questions to elucidate your understanding, you jumped onto "reasoning" as you put it. When doing that, one must also be prepared for the querist to express their understanding of how things appear to them. I, too, stand by my words though I do detect a softening of your approach and I may thank you for it.
 
 
5)  I am one of those professional’s here who has taken much abuse from multiple repliers to protect even live-in / rapist queriests asking question to save them, so I most often ask direct questions and take blunt replies too all in neutral professional spirits here. Choice is that of a queriests to show how his – her PRAYER is justified with a hope to see The Change. 

I had no intention of abusing you - far from it. If that is how it came across its a real shame for me. But pardon me if I misunderstand, you did little by way of asking direct questions. Your reply was loaded with an outpour and yes, somewhere in that flow the wisdom and direct questions did raise their hands. Please read it again if you feel like and evaluate my concern. I do not easily rise to an occasion and never without giving it much thought. 

Kind regards to you and sincere thanks as well. 

P.S. Legal recourse isnt possible for me at the moment. Is there any other authority that I may approach like the District magistrate or the CMO and request them to verify facts and use their discretionary powers, if any? 

P.P.S The Mahatma said Be the change you want to see. I have been the change, its now about showing it perhaps :)

Tajobsindia (Senior Partner )     22 October 2014

@ Author,

 

Interesting; for a change let me exceed my own self measured limit for forum bandwiddth for this unique yet simple query before me.

 

1. My alleged to be out pours are sets of arguments in most naked way which is what may happen if your facts are put to litmus test in a court of law by either and both sides at Bar. Well, if you too could have simply stated facts such public discussion (arguments) could not have even happened!  Issue here is simple – “A Hindu female parent wants her child’s birth certificate made in name of natural father who is not her legal wedded husband in a subsisting marriage. Does (Hindu) Laws allows so?. Relief if any?”


2. In my opinion you may have recourse available under Special Relief Act, 1963 where Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws. Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law. Refer to point of law in para no. 8 about usage of this Act.


3. Child rights are individual (minor’s) civil rights which are invoked by parens patriae principals in absence of any specific legislation and/or penal laws in existence in boundaries of a State. Parens patriae suits are not mass actions suit(s) within the meaning of the Statute and must remain in state courts thus precedents cannot be applied across boundaries of Union of India. (this is your argument that yours is a unique fact filled questionable suit; is it not?)


4. What are Child Rights; they are well defined by the United Nations and United Nations Convention on the Rights of the Child (UNCRC) which you may refer to. India is signatory to it (1992). I will just cherry pick one Civil Right out of its huge list which favors your case and that is; a Child must know who h/er natural parents are and apply principals of parens patriae  to your facts.


5. I was married in the year XXXX to Mr. XY. I have a child born not out of the present wedlock but fathered by Mr. XZ who is child’s natural father and child is nearly 4 years old and is about to enter school going age. At the time of birth of child in the year 2010 an unknown person gave information of Child Birth to the Hospital for Hospital Births (information) Records as per Rules. Since year 2010 the child Birth Certificate as per Rules have not been entered into Municipal Ward Register of Births and Deaths and the Child is never issued official Birth Certificate. The Child needs a Official Birth Certificate for schooling as well as for knowing who h/er natural father is and since child is fathered by Mr. XZ the Municipal Ward whom I approached for issuing Birth Certificate is refusing to enter name of child's natural father i..e Mr. XZ and insists my husband name i.e. Mr. XY entered as natural father of the child 'relying' on Hospital issued 'information' records. I want my child to know who h/er natural father is and neither Mr. XY nor Mr. XZ have any objection if Mr. XZ name is mentioned as natural father in a Birth Certificate. Since Objection is from the State I am humbly invoking parens patriae principals in absence of any specific legislation and/or penal laws in existence in boundaries of a State to grant my child (via c/o guardian single female parent) as just 'relief'. After above opening paras and/or in between as your advocate may deem think fit you may mention short emotive – ethical – moral reasons on behalf of Child Rights as justification to invoke parens patriae principals by a court of Law. Let now a ld. Court apply its mind.  


6. I am not changing my earlier stance but I am of the view Court will grant relief if properly plead the core  parens patriae principals read with India being signatory of UNCRC where Minor’s Rights comes first over Single Female Parent rights and further read with the whole social life of minor is in front of h/er in the very society for which making of Laws are handy work of progressive ld. Judges! Thus if you can fine tune your (adult) emotions and instead confine them only around Rights of Child to know who h/er natural father is then you have a case in hand. I was all along aware for this you came here and it is other GK that I had to write the replies the way it hurts generic readers including you so that misuse may not be derived out of a simple Question of Law such as yours.. For this to achieve you need an humane advocate who has bent towards NGO – Social causes mind (free legal aid is what I hint). I admit I am not such person for a fact I never pick queries from Internet howsoever the ONE fact tempt me to indulge into.


7. Since the birth happened in 2010 the birth can still be Registered but after obtaining an Order from the Executive Magistrate deputed for this job by SDO and on payment of late fees. State Rules says only following are required for Registration of Birth; Date of Birth, Name of Child, Sex (Male/Female), Place of Birth, Name of Father, Name of Mother, Permanent Address OR Birth Order (from Executive Magistrate Office if Birth is Registering after 21 days or as the case is).
 


Conclusion (personal; one may omit reading in toto): World over the tendency to postpone the disclosure of natural father's identity reveals the difficulty of those single mothers in finding the appropriate way of sharing the information about the conception with their children when they attain age of majority (18 yrs. is Indian law of majority as per HAMA). Given the importance attached to the age of disclosure and a mother's concern for the psychosocial development of her child, more professional counseling in this area is warranted as remedy under Law is there but mostly social Laws provides limited help which is purely my view.


8
Remedy aka reasoningis available under S. 34 of the NEW Specific Relief Act and a separate Application under Article 58 of the Limitation Act and in both making the Registrar of Births and Deaths as primary respondent party and co-jointer(s) to the main suit as well as under Limitation Act are SDO and natural father as well as your husband. The Act of Births and Deaths Registration says any Birth can be even Registered after 1 year by meeting late fee and - but along with Birth Order (from Executive Magistrate Office if Birth is being Registered after 21 days or as this case is). If you get the Birth Order well enough fine your purpose is solved (refer para 7). If you do not get the Birth Order then you are resorting to Specific Relief Act S. 34 which is similar to Article 226 of Constitution of India for 'just' relief as your right to sue as well as limitation to sue are both taken care of by above mentioned two Section / Article under Law with attributed reasons thereto. Apex court has time and again said proof of Birth Certificate or proof of High School Certificate determines AGE of a person as well as Birth of a person. If proof of Birth Certificate not there then Limitation to get such proof is till a person goes and studies in High School and thus gets a High School Certificate which clearly mentions his proof of AGE. If neither Certificates there then Bone test estimates AGE of a person and with which Birth of person in physical form (species) is justified in medico-legal cases. All these elasticated reasonings are not case in hand. The case in hand is to get LATE Birth Certificate with natural father name in it in a subsisting marriage instead of husband's name PERIOD. Registration of Births and Deaths Act (as and when amended) does not put a Bar that only husband's name should be there in a Birth Certificate in case of a subsisting marriage and not natural father's name (who can be a person outside a marriage) as it has given option even to leave name of father as blank. These are loopholes in well meaning Act is my view. Hope I am clarified legally for cross arguments if any by tribe of master class ld. brother(s) applying their mind on these remedial reasoning if not then good luck to all!


If it helps then wish you ATB. 


{ATB = All the best}


[Final last reply] 

Hardeep (Business)     22 October 2014

The natural father is refusing to give an affidavit to such an effect, even solely for purpose of getting a birth certificate, as mentioned in the brief. So, wonder how can the relief proceed upon lines as suggested by tajobs above ? The querist has my sympathies. And while myself and tajobs have disagreed in the past, his efforts to address tangled problems are appreciated .
1 Like

Soph (worker)     24 October 2014

It sure is complicated @ hardeep. Tajobsindia is surely someone to thank always. I am sure pooling of opinions and understanding shall surely throw light on a way out for me.

 

Regards.

Adv k . mahesh (advocate)     24 October 2014

the discussion is already discussed in this forum but finally if the office accepts with an affidavit then solution there 

in recent times a article regarding single mother is being discussed in times of india regarding IVF {may be in your case hospital records already fathers name is mentioned } for that you have to provide an affidavit if they accept it 

https://timesofindia.indiatimes.com/city/delhi/Birth-certificates-elude-single-IVF-moms/articleshow/3830139.cms

Birth certificates elude single IVF moms

NEW DELHI: Sonia Verma (name changed) became a mother way back in 2001. The single mother conceived through in-vitro fertilisation with donor sperms. But till date, she has not been able to procure a birth certificate for her seven-year-old child. 

Verma's troubles began when the hospital she delivered in wrote her father's name where the name of the baby's father should have been. She had to approach the court to rectify the mistake, but since it is compulsory to give the father's name to get a birth certificate, she still hasn't been able to get the document in the absence of an Act to deal with special cases like hers. 

Verma is not alone in her predicament. Many single women have been opting to conceive through IVF, with donor sperms, where the identity of the father is not known. Confirming the new trend, IVF experts say hiccups arise as there are no laws to govern assisted reproductive technology (ART) and Indian Council of Medical Research (ICMR) only has guidelines which are yet to be transformed into an Act. In the absence of standard rules, obtaining a birth certificate for a child born to a single mother is still difficult as it is mandatory to give the father's name. 
 
According to ICMR guidelines for ART, a single woman can conceive through IVF and the child is considered legitimate. But the guidelines are at present open for public debate and ICMR will take some time to send them to the law ministry to be made into an Act. "There is no law regarding ART in the country and hence the inconvenience. As per guidelines, the genetic parents' name has to be there on the birth certificate. So if the child belongs to a single mother only her name should appear, but a lot of agencies still ask for the father's name,'' said a senior ICMR official. 

Meanwhile, Verma's case has been referred to the Municipal Corporation of Delhi which is planning to seek the advice of the registrar general of India. She too has been asked to file an affidavit, which has been submitted. But it will still be a few months before the certificate is handed over to her. 

"It is mandatory to write the father's name in the birth certificate, but there are exceptions. In case a single mother has conceived through IVF from a donor sperm we can't deny a birth certificate to the baby. So we ask the mother to submit an affidavit stating that the baby was conceived through IVF from a donor sperm. This helps avoid any confusion or dispute in future. It is up to the registrar of birth and death to decide which document is required to prove that the child was born to a single mother," said Dr PK Sharma, medical health officer and additional chief registrar, birth and death, NDMC. 

Till recently, similar problems were also being faced in the case of surrogate births. In the absence of proper rules, there was a debate on whose name should be used that of the surrogate mother or the genetic mother. it was finally decided that the name of the genetic mother should be used in such cases. 

"I have done IVF for five or six single mothers. These women are professionally settled and are very clear about what they want. We do counsel their families and with their consent only do we go ahead,'' said Dr Anoop Gupta, IVF specialist and director, Delhi IVF Clinic, on the growing trend. 

Krishna   16 June 2018

Hi everyone Simple solution and answer to the above mentioned problem There must be given honour and right to those who is actually responsible for the child that is the ethic,human ethic,and law always accepts looking at human rights and ethics,weather it is single mother or single father who is actually ready to take responsible of child, those have to be honoured mentioning their names in relating to the child,those don't feel responsible with the child and the parent with the child,weather it is father or mother their name should be omitted from the child records as they are not responsible with the child,giving birth is not criteria to be as rightful parent,coz everyone knows ovum of woman and sperm of man only only can create a child weather it is natural pregnant or surrogacy or test tube baby,no necessity of prooving it by adding an irresponsible parent to the child's birth certificate,animals are doing the same thing but comparely better than humans,animals look after their progeny very affectionately very protectively but humans,shame of humans always ready to skip child's responsibility,so in this angle unresponsible parent has to be omitted their name from all the child records without second thought,am the mother of my 3year old girl and raising my child without including father's name in all records like in adhar passport in all documents but in birth certificate child's father name is included by my parents without my will,so am actually trying to remove father's name now and if it does not happens and I file a case for it and not going to compramise without actually making a secure life to my child,first of all things,single parents,weather it is mother or father be confident be brave be stubborn for the rights u r fighting for,don't segregate a person,weather father mother or some guardian,it is a personality actually problematic not the person,so fight the cause,I will provide the information if I file the case up to date

Krishna   16 June 2018

Hi everyone Simple solution and answer to the above mentioned problem There must be given honour and right to those who is actually responsible for the child that is the ethic,human ethic,and law always accepts looking at human rights and ethics,weather it is single mother or single father who is actually ready to take responsible of child, those have to be honoured mentioning their names in relating to the child,those don't feel responsible with the child and the parent with the child,weather it is father or mother their name should be omitted from the child records as they are not responsible with the child,giving birth is not criteria to be as rightful parent,coz everyone knows ovum of woman and sperm of man only only can create a child weather it is natural pregnant or surrogacy or test tube baby,no necessity of prooving it by adding an irresponsible parent to the child's birth certificate,animals are doing the same thing but comparely better than humans,animals look after their progeny very affectionately very protectively but humans,shame of humans always ready to skip child's responsibility,so in this angle unresponsible parent has to be omitted their name from all the child records without second thought,am the mother of my 3year old girl and raising my child without including father's name in all records like in adhar passport in all documents but in birth certificate child's father name is included by my parents without my will,so am actually trying to remove father's name now and if it does not happens and I file a case for it and not going to compramise without actually making a secure life to my child,first of all things,single parents,weather it is mother or father be confident be brave be stubborn for the rights u r fighting for,don't segregate a person,weather father mother or some guardian,it is a personality actually problematic not the person,so fight the cause,I will provide the information if I file the case up to date

Krishna   16 June 2018

If there is a problem of reoccurring the situation of requests done multiple times for amending the irresponsible parent,it should be limited for 1 time or 2times or 3times and so on by law,but the option of removing irresponsible parent name from the child's records must be given at least once or twice based on situation,it is the responsibility of law to protect possitive impact and to limit the negitive impact on society,I believe in law,coz that is the law the reason today me and my child are safe and secure,it protects the good so don't backoff go and fight for it

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