Birth certificate for child born out of live in relation

Hi Ranee ji, Thanks for reply.

My question further on this is that, the Birth Registration Form which the Hospital has provided has one field like

" Age of mother at the time of marriage ", I want to know that as the Two person concerned are not married and just living in relation then what has to be written over there ? If some arbitrary value is provided there, does that mean like providing wrong information to the administration and does that invite any problem in law then ?

In addition I also want to know that, if in this particular Birth Registration Form, If Name of Father and Mother are written then does that implies in the eyes of law that those persons are married ?

In totality , How to get that registration done in a pure and legal way, i.e. without hiding any facts as such from administration. Means the admission should be like that , Yes we are in Live in relation and this is child out of that relation and is a legitimate baby so this is our right to get the Birth Registered for that.

Thanks in anticipation.
 

Hi ! Experts

Any suggestions, comments and views would be highly appreciated on the above mentioned query.

Regards.

discuss the matter with officials of concerned office.I think mother's age at the time of marriage is what to do with birth certificate.If  needed should ask the age of mother at the time of birth of the child.

Hi Ranee ji

You are correct that " Age of mother at the time of marriage "  has nothing to do with the Birth Certificate but this field is there.

So what to fill in there ? If any arbitrary value is provided there does that amounts to any offence in eyes of law ?

@ Author

1. When a female species of human kind gives birth she is referred to as “mother” Correct me if I may be wrong in making such docile reference here in opening of a queries reply!


1.1. The live-in partner of yours is a female I suppose (least GLSBT doubts end up my reply into garbage want of clarity later!). Hence, her age at the time of Birth of a child should be mentioned in your first doubt question at concerned jurisdiction Registrars Office maintaining such Birth and Death Register as per Law within 30 days.


2. How can arbitrary value crop in if two opposite genders are in live-in from say some date/month/year? Second in case the opposite live-in partner did not herself know her dd/mm/yyyy age (it happens a female may be illeterate - why not) then it is either best to get her bone scan x-rayed by competent Hospital for knowing her approximate medical age. The Act says as far as a person is aware of correctness at the time of giving information of marriage (the law when made was considering in totality that child is born only to married couples and not to single mothers and or without offending you two even a child is born out of opposite gender live-in partners as a matter of fact. You cannot be penalized for nearness as it was in good faith you approached. OR put there dd/mm/yyyy on which you two started living as live-in couples.

3. In Birth Register if name of live in opposite s*x persons names are written as mother and father then assumptions point towards it (i.e. Marriage - socially I mean) other than if not put under challenge by living un-divorced respective live-in partners respective previous spouse!!!. The Act is yet to be Amended to include "live-in + GLSBT" relations partners delivered child in correct perspective and GLSBT community are working hard towards it believe me.

4. Here you are legit in raising more questions than what is required to fill-in in a Birth and Death Register and similar Form in current Format available across States and UT’s.  Does the Form asks a question like mother / father married? Does it ask mother / father Court married? Does this Form asks mother / father Court Registered Marriage which is since 2006 is made compulsory (I mean registration of marriage)? So on so forth. We are aware you have raised valid apprehensions under live-in partnerships and a child out of such relationships is before us but what is not currently not required under Law one should not procrastinate till eternity as it is very difficult to give all these ‘retrospective effect” even tomorrow some Amendment comes under Birth and Death Act for a simple reason these are larger public policies and Govt. may rape Vodafone for tax evasion on “retrospective amendments grounds” as huge repeat huge free heaven money are at stake but for a kid being born out of live-in I doubt Executives will give a damn to Amend late 18^th. Century Law on Birth and Deaths so soon unless it is against larger public policies.  Just last month after 2 centuries Delhi Govt. laid penalty (monetary) clause for not to inform under 30 days Birth / Death that is all. But then it also says give small fine we will include later entries too :-) So relax enjoy the arrival of a child.


5. Now if both of you really want a pucca legal surety then opt for legal marriage why live as live-in which is still dicey in Indian social context trend!. I mean I don’t want to offend your and your partners sentiments but is it not natural to rebut in such way if this would have been in my chamber discussion!

Dear Author I replied u with my little experience.

You may get all informations after Tajobsindia's reply.In this area his experience is unbeateble!

Thanks tajob 

Hi ! Tajob ji and Ranee ji

Thanks for the reply, Information and suggestions provided are really valuable.

Further I want to say that the two persons involved in this case are of opposite gender.Female got conceived in natural way only and because of some legal problems they can not go for marriage as of now, however they are very much committed in relation and very serious for their child birth as well.

In any case they do not want the rights of their child to get harmed. They just need a Birth Certificate for their child with their names written as Father and Mother.
 
As they are not married so the field in the Birth Registration form like " Age of mother at the time of marriage " becomes not applicable for them.

So what I understood from the above replies is that the persons have to give the Date of their Live - in relation start date there. But correct me if I am wrong, according to me either they have to put a NA ( Not Applicable ) or just leave that field Blank.

Main motive here is to just get the Birth Certificate of child and to avoid the declaration " Marriage " publically specially in a legal document or any other form requiring that declaration.

One more thing which I want to understand here is that if their names are mentioned as Mother and father on the Birth Certificate of their child does this mean legally that they are married even though they are in live in relation ?

Means what I want to know here is that with that Birth Certificate or with the Birth Registration Form filled for getting that Birth Certificate can they be challenged legally that they are married and not in any sought of Live - in - relation ?

In my view in this case the point the field " Age of mother at the time of marriage " if filled in the Birth Registration form can be treated as admission of marriage. Please correct me on this,If I am wrong. So would it be better to leave that field blank or just to put NA there.

Which State the live-in couples are writing this mail to us !

Tajob Sir

Regarding the concerned live - in couple here, Male is not legally divorced and Female is legally divorced. Both are adult hindus.

And Taojob Sir, If by State , you are looking for the State with in India then that is Madhya Pradesh. By State I initially thought the current marital state of the persons.

1. My gosh…..very interesting urban fad query.
2. I must admit yours is a very interesting evolving query in this forum.
3. I suggest you shall go over another interesting discussion subject matter law in laymen’s point mentioned at https://www.lawyersclubindia.com/forum/Living-relation-without-divorce-58480.asp?1=1&offset=2
4. Coming back to your revelations my experience clubbed with Births and Deaths Act, 1969 is that it is too late to give a legal alibi (protection to you). Hence I shall standby on my suggestion i.e. to put date of live-in and respective genetic names of parents in concerned Birth Register.
   Reasoning:
   A. Live-in as a option with wide-open eyes both partners in revealed circumstances opted in. Things as reveled till the time of going into press are honky dory and what we feel is reasonable over procrastination dwelled (initiated) is by male side due to peculiar revealed legal facts.
   B. The adultery / bigamy Laws as they respectively stands if challenged by your wife getting to know your live-in read with genetic child it will be tough to prove by her for a simple reason your live-in partner is legally divorcee and is not someone else ‘wife’ read with both of you are “not married” as in Hindu traditions evidentiary.  
   C. Yes, to large extent till you were legally un-tied marital status wise apprehensions as raised in your various mails till now are genuine. But when both of you are committed in your live-in relationships and want to give legal rights to child with open mind then what my live-in beliefs suggest is to go ahead and follow para 4 and keep segregated your current legal status and live-in social status separate from people / society that YOU maintain till you have sought your freedom from your legally wedded wife. 
   D. Law as in current form in my opinion has no clear answer as the matter has transcended to very high mature level.

[There are some problem in scrpts generation hence ignore font size they are not generated at my end]

Thanks for reply, Tajob Sir.
Yes, it's in deed a interesting query.Some time destiny plays many game with individuals and at the end they finds themselves in these type of problems.This is the way how life goes.

Anyway Sir, so by going with your suggestions the live - in - start should be mentioned there in the field " Age of mother at the time marriage ". Okay I agree with this, but again I don't know, my mind says to just leave this field blank in order to stick with the fact that at any stage wrong information has never been provided to the administration.

I know that with the Birth Certificate without admission of marriage only Adultery can be proved but to prove Bigamy would be a tough task.However if the person provides " Age of mother at the time marriage " there in the Birth Registration Form then definitely at some stage this particular document can be enough to prove that the marriage has been admitted so it must be solemnized also.

Please forgive me for raising concern over suggestion. You are Law expert, Sir. I have just expressed my thoughts and views in this matter only.

@ Law Learner, 

It may be a personal issue. But from what can be inferred from your posts is that even though you are in a live -in relationship, do you fear the sword of DV Act hanging over your head in your present case too?(or any doubts that it will,one day??)

Or is it because of any other apprehensions that you are hesitant to give the information in the birth certificate??

Btw, Suggested reads for you:

https://www.lawyersclubindia.com/forum/Live-in-relationship-can-be-continued-even-he-is-married--51348.asp

https://www.lawyersclubindia.com/forum/Live-in-partner-cant-claim-for-maintenance-SC-Breaking-New-26039.asp

https://www.lawyersclubindia.com/forum/Re-Re-Re-Http-timesofindia-indiatimes-com-india-man-ditches-live-in-58532.asp

https://www.lawyersclubindia.com/forum/SC-Judgment-on-Live-in-relationship-26068.asp

https://www.lawyersclubindia.com/forum/Live-in-relationship-whether-its-crime-and-othe-queries-39984.asp

https://www.lawyersclubindia.com/forum/Not-all-live-in-affairs-are-relationship-in-the-nature-of-marriage--46204.asp