New Delhi— The Delhi High Court has permitted a Canada-based couple to participate virtually in surrogacy-related proceedings before the district medical board, ruling that their physical presence is not essential at this stage.
Justice Sachin Datta observed that the board’s primary task under Section 4(iii)(a) of the Surrogacy (Regulation) Act, 2021, is to scrutinise medical records to determine eligibility for a ‘Certificate of Medical Indication.’ The court said a virtual appearance is sufficient if any clarification is needed from the couple.
The court noted that the process relies mainly on medical documentation. It added that district medical boards must adopt virtual hearing facilities just as State Boards do under the Surrogacy Regulations, 2023. With this, the court set aside the board’s earlier order requiring the couple to appear in person.
The couple, married since 2015 and working in Canada since 2022, had approached the Delhi South district medical board seeking the certificate required for gestational surrogacy. They also requested to join the proceedings virtually, citing their jobs abroad, difficulty in securing urgent leave, and the high financial cost of sudden international travel.
However, the board rejected their request and insisted on physical presence, prompting the couple to challenge the decision in the High Court. Their authorised representative will now appear physically before the board carrying all relevant medical records.
Counsel for the medical board opposed the petition, arguing that physical interactions help prevent any potential exploitation in surrogacy matters. The court, however, found no convincing reason to deny virtual participation at this stage.
