Kerala High Court: Registrar Can’t Alter Father’s Name Without Legal Process

The Kerala High Court has ruled that a Registrar cannot change the father’s name in a child’s birth certificate without hearing him and considering the conclusive proof under Section 118 of the Evidence Act, which presumes legitimacy if a child is born during a valid marriage.

Justice C.S. Dias said the Registrar’s powers under the Registration of Births and Deaths Act are limited to correcting clerical errors, not deciding paternity disputes. 

Quashing the substitution of the petitioner’s name with another man’s, the Court directed the Registrar to reconsider the application after following due legal procedures, including a court order if required.

[AAA v State of Kerala and others]