The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to issue a fresh birth certificate for a minor girl by replacing the name of the man recorded as her father with that of her biological father after DNA evidence established paternity.

Describing the matter as a “peculiar case with peculiar facts”, a bench of Acting Chief Justice Ravindra V. Ghuge and Justice Ranjitsinha R. Bhonsale passed the order while hearing a petition jointly filed by the child’s mother and her present husband.

Child Was Born While Mother Was Legally Married To Another Man

According to court records, the woman married her first husband on February 14, 2006. The couple had no children and later began living separately before jointly filing for divorce in 2013.

During the period of separation, the woman entered into a relationship with another man and gave birth to a daughter on December 14, 2009.

As she was still legally married at the time of the child’s birth, the BMC recorded her then husband as the child’s father in the birth certificate issued on March 22, 2010, even though he was not the biological parent.

Following her divorce, the woman married the child’s biological father. The couple later approached the civic body seeking correction of the birth records to reflect the child’s biological parentage.

Couple Submitted DNA Evidence To Support Petition

In their petition, both the mother and her present husband affirmed on oath that they were the biological parents of the child.

The woman stated that her former husband was not the child’s biological father, while her current husband acknowledged that he had fathered the child and accepted paternity before the court.

To support their claim, the couple submitted a DNA paternity test report dated October 27, 2025.

The High Court noted that the report found the alleged father possessed the genetic markers expected of a biological parent and assessed the probability of paternity at 99.99 per cent.

Court Directs BMC To Issue Corrected Birth Certificate

After examining the evidence, the bench directed the BMC to issue a corrected birth certificate replacing the name of the man originally recorded as the father with that of the child’s biological father.

The civic body has been instructed to complete the process by next month.

The court observed that the matter involved exceptional circumstances and said its decision was based on the specific facts of the case, including the sworn statements of the couple and the scientific evidence establishing the child’s biological parentage.

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