District Medical Boards Under Surrogacy Regulations Need Not Insist On Physical Presence Of Intending Couple: Delhi High Court
The Delhi High Court has recently observed that the district medical boards under the Surrogacy Regulations, 2023, need not insist on physical presence of the intending couple. “There is also no rationale as to why the District Medical Board should not equip itself in conducting virtual hearings as is mandated for the State Board under Section 5(3) and 5(4) of the Surrogacy...
The Delhi High Court has recently observed that the district medical boards under the Surrogacy Regulations, 2023, need not insist on physical presence of the intending couple.
“There is also no rationale as to why the District Medical Board should not equip itself in conducting virtual hearings as is mandated for the State Board under Section 5(3) and 5(4) of the Surrogacy Regulations, 2023,” Justice Sachin Datta said.
The Court made the observations while permitting a Canada-based couple to appear virtually for proceedings before the District Medical Board related to their application seeking a “Certificate of Medical Indication for Gestational Surrogacy.”
The couple got legally married on February 10, 2015, and had no biological children. They had been working and residing in Canada since 2022.
Apart from the application for certificate, they also filed an application seeking permission to attend the Board's proceeding through virtual hearing under Section 5(3) and 5(4)(a) of the Surrogacy (Regulation) Act, 2023.
The couple expressed difficulty in appearing physically before the Board due to their residence and employment in Canada. They cited logistical difficulties in obtaining urgent leave approvals and high costs of international travel at short notice.
The District Medical Board issued a meeting notice directing the couple to be physically present before it on November 04, 2024. As the couple reiterated their request for virtual appearance via e-mail, the Board refused the same without issuing any speaking order.
Allowing the plea, the Court observed that there was no reason why the District Medical Board should not take a pragmatic view of the matter and permit the couple to appear virtually.
It reasoned that the remit of the District Medical Board under Section 4(iii)(a) of the Surrogacy (Regulation) Act, 2021, is primarily to examine the relevant medical record to ascertain as to whether the couple was eligible for issuance of a 'Certificate of Medical Indication' in their favour.
“As such, the District Medical Board need not insist on physical presence of the petitioners, at this stage. As noticed, the very nature of the exercise before the District Medical Board is such that it is largely predicated on perusal of the relevant medical record. In case any interaction/ clarification is required from the petitioners, a virtual interaction would suffice,” the Court said.
Justice Datta noted other district boards in Delhi already permit virtual appearances, as shown in material placed on record.
Setting aside the rejection order, the Court directed the District Medical Board to re-examine the couple's application, conduct virtual interactions as required, and allow their authorised representative to be physically present with complete medical records.
Title: APEKSHITA KALA & ANR v. DISTRICT MEDICAL BOARD & ANR
Citation: 2025 LiveLaw (Del) 1554