Delhi High Court has given great relief to a couple who wishes to become parents through surrogacy. The court has allowed him to appear virtually (online) from Canada, so that he can participate in the hearing of the District Medical Board. The High Court said in its order that since the work of the Medical Board is mainly to examine the medical records of the couple concerned, their physical presence is not necessary at this stage. However, the Court clarified that the authorized representative of the petitioners will have to physically appear before the Board with complete medical records. During this time, if the board needs any clarification from the couple, it can be obtained through virtual conversation.
Justice Sachin Dutta, in his order on November 10, said, “There is no reason why the District Medical Board should not adopt a pragmatic approach in this case and allow the petitioners to appear virtually. Especially when the function of the Board under Section 4(iii)(a) of the Surrogacy (Regulation) Act, 2021 is primarily to examine the relevant medical records only to determine whether the petitioner has ‘medical indication’ in his favour. Whether eligible to issue ‘certificate’ or not.”
The court said that the process primarily involves review of the relevant medical records and if the board requires any clarification from the couple, a virtual conversation would suffice. Along with this, the High Court canceled the order given in March, in which the Board had refused to allow the couple to appear online. While allowing the couple to appear virtually, the High Court said, “There is no reason why the District Medical Board should not be prepared for virtual hearing, as is required of the State Board under Sections 5(3) and 5(4) of the Surrogacy Regulations, 2023.”
The court gave this decision on the petition of a couple who got married in 2015, but till now they do not have any child. The couple has been living and working in Canada since 2022. The petitioners had applied before the Medical Board of Delhi South District, seeking permission to issue them a ‘Certificate of Medical Indication for Gestational Surrogacy’ as well as attend the proceedings of the Board through virtual hearing. However, the board rejected this request.
The couple cited difficulties in physically appearing before the board due to living and working abroad and cited the difficulties in taking urgent leave, logistical difficulties and the high expense of international travel in a short period of time. Despite this, the board did not allow him to attend virtually and issued a notice directing physical attendance. After this the couple challenged this order of the board in the High Court. During the hearing, the board’s counsel opposed the appeal and stressed the need to complete the process face to face, so as to eliminate the possibility of any possible exploitation.
What is surrogacy?
Let us tell you that surrogacy is a process in which a woman (surrogate mother) gives birth to a child for another person or couple (intended parents). It is an assisted reproductive option for parenthood, which is useful for couples who are unable to conceive naturally.
Follow the LALLURAM.COM MP channel on WhatsApp
Click to read big news of India and abroad
Click here to read Read.com news in English
Click here to read sports news
Click to read big entertainment news
-
Should you drink cold or hot water on an empty stomach in the morning? Dr. Hansa Yogendra said ‘this’ water will be effective for the body
-
Ban on SMS fraud! TRAI implemented strict rules to stop fake messages
-
What is Cloudflare? Websites like ChatGPT, X, Spotify also stopped due to this outage
-
IND vs SA 2nd Test: Team India’s tension increased due to Gill’s injury, names of Sarfaraz-Karun-Eshwar were suggested, but Gambhir-Agarkar did not accept the suggestion.
-
Finally announced the team! Karun Nair’s Miraculous Comeback! ‘These’ players were included in the playing eleven
