Delhi High Court: Medical Boards Need Not Require Physical Presence of Intending Couple Under Surrogacy Rules

The Delhi High Court has recently observed that District Medical Boards under the Surrogacy Regulations, 2023, cannot insist on the physical presence of intending couples, especially when the process is documentary in nature and when virtual hearings are otherwise permissible.

The Court held that there is also no rationale why the District Medical Board should not adopt virtual hearings, as mandated for the State Board under Section 5(3) and 5(4) of the Surrogacy Regulations.

It also set aside the board’s earlier order insisting on physical appearance, while noting the board’s concern about preventing exploitation, and directed that virtual participation be allowed in accordance with law.

[Apekshita Kala & Anr. v. District Medical Board & Anr]