The Hindu·3 min read·medium

Avoid DNA test for correcting father’s name in birth record: Kerala HC

T
The Hindu Bureau
Avoid DNA test for correcting father’s name in birth record: Kerala HC
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The Kerala High Court has ruled that DNA tests should not be required to correct a child's father's name in birth records when there is no paternity dispute. The court urged the legislature to amend existing rules to prevent unnecessary trauma for children born to unmarried parents.

Why it matters

This ruling addresses the intersection of administrative bureaucracy and the rights of children, advocating for more compassionate legal procedures.

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Stating that a DNA test should be avoided when deciding a plea to correct a child’s father’s name in birth records, the Kerala High Court has held that children should not have to hang their head in shame if their father’s name had been wrongly entered in the records.

No minor child should suffer merely because he or she was born to unmarried parents, and the name of another person was mistakenly recorded as that of the father in the birth register. The existing law does not permit such a correction without fulfilling certain requirements.

As per a circular issued in this regard, a DNA test report, an agreement attested before a Notary Public and an order from a competent court must be produced, if the father’s name ought to be changed in the birth records.

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