Avoid DNA test to correct father’s name in birth records: Kerala HC

If the father’s name on birth certificates is to be changed, a DNA test report, a notarized agreement and an order from the relevant court must be submitted. | Photo credit: Getty Images/iStockphoto

The Kerala High Court has said that a DNA test should be avoided while deciding on a petition to correct a child’s father’s name in birth records, ruling that children should not hang their heads in shame if their father’s name was entered incorrectly in the records.

No minor child should suffer simply because they were born to unmarried parents and another person’s name was mistakenly entered as the father’s name in the birth record. The current law does not allow such a repair without meeting certain requirements.

According to the circular issued in this regard, a DNA test report, a notarized agreement and a competent court order must be submitted if the father’s name in the birth certificates is to be changed.

Should a child undergo the trauma of a DNA test to prove his identity when there is no dispute about the child’s paternity, the court asked, saying such a demand should be avoided. In this situation, the legislature should seriously consider making relevant amendments to the Registration of Births and Deaths Act, 1969 and Rule 11 of the Kerala Registration of Births and Deaths Rules, 1999. No child should suffer because the name of the father or mother has been wrongly entered in the birth book and there is no remedy to correct it.

The High Court passed the order on a petition filed by a couple who were in a live-in relationship and had a baby girl during the relationship. However, the mother mistakenly entered the name of her mother’s first husband, from whom she was legally separated, as the name of the child’s father.

The couple’s request was denied, although they contacted the authorities to correct the father’s name. They subsequently appealed to the High Court. The court further ordered the government to correct the child’s father’s name in the birth certificate.

Published – October 2, 2026 12:30 PM IST