The 31-year-old woman, a resident of Nallasopara, had moved the court claiming that she was unmarried and that she gave birth to a girl through the test tube method in August 2016.
The Brihanmumbai Municipal Corporation (BMC) on Wednesday informed the Bombay High Court that it cannot delete the name of a biological father from the records once it has been entered following due procedure.
Advocate Suresh Pakale, appearing for the corporation, filed the affidavit while hearing a petition filed by a woman claiming that her child was a test tube baby thus the father's name, which is not revealed in such cases, could not have been included in the records. Pakale said, "The corporation cannot delete/modify the birth records. In the present case, the corporation has received a duly filled form from the hospital, where the child was delivered, containing the father's name. Thus we cannot carry out any modifications."
A division bench of Justice Abhay Oka and Justice Riyaz Chagla, after perusing the affidavit, has now asked the woman to check with the biological father if he can file a consent affidavit allowing the removal of his name from the birth certificate of the child, said Pakale.
The 31-year-old woman, a resident of Nallasopara, had moved the court claiming that she was unmarried and that she gave birth to a girl through the test tube method in August 2016. She claimed that since the identity of the donor in her case was kept secret by the medical authorities, there was no way for her to have given the BMC the name of her child's biological father. However, her prayer is only to mask the name of the father from the birth certificate which can be re-issued by the court.
The court is likely to hear the petition on April 4.
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