Case Law Details
Mathumitha Ramesh Vs The Chief Health Officer (Madras High Court)
In the present case, the hospital in which the petitioner had given birth to a child had certified that the petitioner herein had delivered an alive girl on 23.04.2017 at 10.47 a.m. at Cethar Hospital, Trichy. The petitioner herein had also filed an affidavit before the authorities that the child was born from her womb. In the affidavit filed before this Court, the petitioner had clearly stated that she got pregnant through “intrauterine insemination” through which, she delivered the girl baby namely, Tavishi Perara on 23.04.2017 at Cethar Hospital, Trichy.
In the light of these statements made in the affidavit and also taking cognizance of the fact that the identity of the semen donor cannot be revealed, it follows that the authorities cannot insist for disclosure of the name of the father of the child. Accordingly, an interim order came to be passed by this Court on 24.04.2018 directing the first respondent to remove the name of Mr. Manish Madanpal Meena in the birth certificate of the petitioner’s daughter namely, Tavishi Perara born on 23.04.2017 and the matter is directed to be listed today for reporting compliance.
FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT
The petitioner, who had been separated by an order of divorce on mutual consent, has given birth to a child namely, Tavishi Perara on 23.04.2017. The birth of the child was through an intrauterine fertility treatment. The insemination was done with the help of a semen donor.
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