Recently, the Delhi High Court took up an intriguing matter involving a married couple residing in Canada who sought to participate virtually in proceedings before the District Medical Board, South Delhi, for a ‘Certificate of Medical Indication’ under the Surrogacy (Regulation) Act, 2021. The case has drawn attention to the practical challenges faced by international applicants navigating India’s surrogacy regulations.
The Petitioners, married since February 2015 and residing in British Columbia, have no biological children. They filed an application in August 2024 seeking the surrogacy certificate and requested permission to attend the Board proceedings virtually, citing their employment and residence in Canada, as well as the logistical and financial difficulties of international travel at short notice.
Despite repeated requests, the District Medical Board insisted on their physical presence and ultimately rejected the application in March 2025, citing the petitioners’ “absence” on scheduled dates. The rejection order was issued without a reasoned explanation, prompting the couple to approach the High Court.
The petitioners argued that Section 5(3) and 5(4) of the Surrogacy (Regulation) Rules, 2023, allow for virtual participation, and pointed out that similar arrangements were being permitted in other districts of Delhi. The respondents countered that the provisions apply only to the State Board, emphasising the necessity of physical interaction to prevent exploitation.
The Court, however, found these contentions unpersuasive. Observing that the District Medical Board’s primary function is to examine medical records to determine eligibility for the certificate, the Court noted that virtual interaction would suffice for any necessary clarifications. The Court also highlighted that virtual hearings were already a common practice in other districts, and there was no reason the South Delhi Board could not follow suit.
Consequently, the Court set aside the rejection order dated March 2025 and permitted the petitioners to appear virtually before the District Medical Board. The Board has been directed to reconsider the application based on the submitted medical records and virtual interactions, with a view to expeditiously completing the process.
Case Title: Apekshita Kala & Anr.Vs District Medical Board & Anr
Case No.: W.P.(C) 16795/2025
Coram: Hon’ble Mr Justice Sachin Datta
Counsel for the Plantiff: Adv Vikas Kumar
Counsel for the Defendant: Adv. Harshita Nathrani
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