The Bombay high court has directed the BMC to issue birth certificates to a baby born through the IVF (In-Vitro fertilisation) process, according to media reports. The space meant for the baby’s father, however, will be kept blank as per the order. The directive, which was issued by a bench chaired by Justices Abhay Oka and Riyaz Chagla, was based on a petition filed by a 31-year-old unwed mother, who conceived through IVF and gave birth to a baby girl in 2016.

The BMC stated that the unwed mother from Nallasopara had singed the birth information form where the father’s name is mentioned, along with his educational qualification and vocation. According to their allegations, the woman had mentioned that she was married to a businessman at the time of the child's birth. Furthermore, advocate Suresh Palekar said that the child's birth certificate the father's name was mentioned as per the details provided by the woman.

However, her advocate Uday Warunjikar presented an agreement that was signed by the complainant and the IVF centre, which clearly stated that she had procured the sperm for the conception from an anonymous donor. He also stated that while the signature on the form was her own, she does not know who filled out the details of the father.

The judges observed that the woman had not mentioned the IVF procedure in the legal notice she issued to the BMC or in the petition she had filed. “Therefore, it is not possible for this writ court to record a finding that what is averred is correct,” they told TOI.

The bench referred to a similar judgement where the court upheld the registrar’s power to correct or cancel any entry is limited. It is to be used only when the registrar is convinced of an error in the entry or is made fraudulently or improperly.

The court recommends that the woman approaches a civil court to resolve the issue, adding, “The issue, whether it is written by someone else, cannot be gone into by this court as it involves disputed questions of facts.”

The Supreme Court of India had issued a directive in 2015 that if a single mother or a parent applies for a birth certificate for her child, he or she is supposed to furnish an affidavit. In keeping with this judgement, the judges directed the BMC to keep the slot for the father’s name empty.

(The above story first appeared on LatestLY on Apr 05, 2018 10:48 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).