Delhi High Court Allows Virtual Appearance for Overseas Surrogacy Applicants

District Medical Board's Rejection Overturned; Court Emphasizes Flexibility in Virtual Hearings

In a significant ruling, the Delhi High Court has allowed a couple residing in Canada to participate virtually in proceedings before the District Medical Board for a surrogacy certificate. The petitioners, Apekshita Kala and her spouse, had faced logistical hurdles due to their overseas residence, prompting the court's intervention. The couple had sought a 'Certificate of Medical Indication for Gestational Surrogacy' under the Surrogacy (Regulation) Act, 2021, but their request for virtual attendance was initially denied by the District Medical Board, citing the necessity for physical presence.

Justice Sachin Datta noted that the Board's primary role is to assess medical records to determine eligibility for the surrogacy certificate, a task that does not inherently require physical presence. The court highlighted the importance of adopting a pragmatic approach, especially given that similar accommodations have been made in other districts.

The ruling emphasized the need for the District Medical Board to align with the practices of the State Board, which conducts virtual hearings under Sections 5(3) and 5(4) of the Surrogacy Regulations, 2023. The court directed the Board to reconsider the couple's application with virtual interaction, setting aside the previous rejection.

This decision underscores the judiciary's recognition of modern logistical challenges and its willingness to adapt procedural requirements to ensure fairness and accessibility.

Bottom Line:

Surrogacy Regulation - District Medical Board's mandate primarily to examine medical records for eligibility for issuance of 'Certificate of Medical Indication' - Virtual appearance permissible for petitioners residing abroad, especially when similar practices are prevalent in other districts.

Statutory provision(s): Surrogacy (Regulation) Act, 2021 Section 4(iii)(a), Surrogacy (Regulation) Rules, 2022 Rule 14(a), Surrogacy Regulations, 2023 Sections 5(3) and 5(4)

Apekshita Kala v. District Medical Board, (Delhi) : Law Finder Doc Id # 2811061