The Delhi High Court ruled that since the medical board’s primary duty is to review medical records to assess surrogacy eligibility, overseas applicants need not appear physically. The court approved virtual participation, easing the process for NRI couples.
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NEW DELHI: In a ruling that highlights the judiciary’s emphasis on practicality and technological adaptability, the Delhi High Court has allowed a Canada-based couple to participate virtually in their surrogacy-related proceedings before the district medical board.
Justice Sachin Datta, in an order dated November 10, held that the district medical board should not insist on physical presence when the evaluation primarily involves examining medical records.
The couple, married since 2015 and residing in Canada since 2022, sought a Certificate of Medical Indication for Gestational Surrogacy from the medical board of Delhi South district. Due to logistical challenges, high travel costs, and difficulties securing leave from work, they requested permission to join the proceedings through a virtual hearing.
However, the medical board rejected their request and directed them to appear physically. Challenging this decision, the couple approached the Delhi High Court.
Justice Datta observed that the core responsibility of the board under Section 4(iii)(a) of the Surrogacy (Regulation) Act, 2021, is to examine medical documents to determine eligibility for surrogacy certification. In such circumstances, the judge said, requiring physical attendance serves no meaningful purpose.
“There is no reason why the district medical board should not take a pragmatic view of the matter and permit the petitioners to appear virtually,”
the court stated, adding that any clarifications needed could be addressed through online interaction.
The court also noted that the Surrogacy Regulations, 2023, already mandate virtual hearing capabilities for state boards under Sections 5(3) and 5(4). Therefore, district boards should also equip themselves for digital proceedings.
While allowing the couple to appear online, the High Court directed that their authorised representative must be physically present with all original medical records for verification.
The board’s counsel had argued that physical presence was necessary to prevent potential exploitation. However, the court dismissed this reasoning, noting that the nature of the exercise does not require in-person scrutiny and can be effectively conducted through virtual means.
