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Chandrakanta Mishra
Asked May 03, 2017

Birth certificate without father's name

  • 1 Answer

I am an unwed mother. I want to ask if its true information that a single/unwed mother can get her child's birth ciertificate prepared without father's name? Is it legally permissible and 's allowed and if any officer refuses me then what should I do?

Answer 1

While deciding a case (SLP (Civil) No. 28367 of 2011) against the National Territory of

Delhi Justice Vikramjit Sen of the Hon’ble Supreme Court of India made it clear that the

father’s name is not a must when registering the birth certificate of a child born to an unwed

mother. In pursuance of this judgement the Hon’ble Judge further directed all officials to not

insist on father’s name while registering birth certificates to children born to single mothers.

This progressive judgment is a result of the changing times where women boldly prefer to

raise children alone in the absence of the father.

You may recall the above reference if officers insist on father’s name. If they do not register,

a writ of Mandamus can be instituted against the department for violation of Supreme Court

precedents and directions.

Agree Comment 0 Agrees almost 4 years ago

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