Avoid DNA test for correcting father’s name in birth record: Kerala HC
Children should not suffer if father’s name was wrongly entered in the records, says the High Court
The Kerala High Court has ruled against the use of DNA tests when seeking to rectify a mistaken father's name in a birth record. The court emphasized that children should not be subjected to shame or trauma over a mistaken father's name on their birth certificate, particularly if the father is not disputably the biological parent.
According to the court, no minor child should be forced to undergo a DNA test to prove their identity when there is no dispute over the child's paternity. The court suggested that the legislation should consider amending the Registration of Births and Deaths Act, 1969, and Rule 11 of the Kerala Registration of Births and Deaths Rules, 1999, to avoid such situations.
The case involved a live-in couple who had a girl child, but the birth record erroneously listed the name of the child's mother's previous husband as the father. Despite efforts to correct the mistake, their request was initially rejected. The High Court later directed the government to rectify the father's name in the birth register.
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