Delhi High Court Allows Canadian Couple to Participate Virtually in Indian Surrogacy Proceedings

The Delhi High Court has granted permission for a Canadian-based couple to participate virtually in surrogacy proceedings before the district medical board in India.

Justice Sachin Datta ruled that the district medical board should adopt a pragmatic approach and permit the couple to appear remotely, as the board's primary function under Section 4(iii)(a) of the Surrogacy (Regulation) Act, 2021 involves examining medical records to determine eligibility for a 'Certificate of Medical Indication'.

The court emphasized that since the process mainly requires review of medical documentation, virtual interaction would be sufficient if any clarifications are needed from the couple.

"There is 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," stated Justice Datta in the November 10 order.

The court set aside the board's March directive and allowed the couple to participate virtually, while requiring their authorized representative to appear in person with the complete medical records.

The case involved a married couple who wed in 2015 and have no children. They have been residing and working in Canada since 2022 and had applied to the Delhi South district's medical board for a 'Certificate of Medical Indication for Gestational Surrogacy'.

In their application, they requested permission to attend the proceedings virtually, citing difficulties in appearing physically due to overseas residence, challenges in securing urgent leave approvals, and the high costs associated with last-minute international travel.

Despite these considerations, the board had initially issued a notice requiring their physical presence and disallowing virtual participation, prompting the couple to challenge this decision in the Delhi High Court.

The board's legal representative opposed the couple's request, arguing that physical interaction was necessary to prevent potential exploitation in the surrogacy process.