Archive · 16 Sep 2026
Centre Says Queer Partners Can Make Medical Decisions
The government told a court that adults can choose a trusted partner to make medical decisions if they cannot decide for themselves.
This choice could include a partner in a queer relationship.
The government said hospitals should not reject that partner just because the couple is not in a traditionally recognised marriage.
The patient would normally need to nominate or authorise the partner beforehand.
If there is no nomination, the partner might sometimes be treated as a caregiver or next friend.
Legal checks and safety rules would still apply.
The case was brought by a woman whose same-sex partner might otherwise be unable to help during an emergency.
She wants clear rules for hospitals and doctors.
The Delhi High Court will consider the matter.
The Centre told the Delhi High Court that adults may nominate queer partners to make medical decisions if they become incapacitated.
The government said this arrangement can fit within existing legal and ethical frameworks, subject to applicable law and safeguards.
It said partners should not be excluded solely because of sex, gender, sexual orientation or lack of formal marriage recognition.
The petition seeks guidelines requiring hospitals and doctors to recognise non-heterosexual partners as medical representatives.
The case involves a same-sex couple who married in New Zealand and live together in Delhi.
- Who
- The Union Ministry of Health and Family Welfare and the National Medical Commission responded to a petition by a woman in a same-sex relationship.
- What
- The Centre said an adult may authorise a queer partner to make medical decisions during incapacity, subject to applicable law and safeguards.
- When
- The submission was reported on September 16; the Delhi High Court was scheduled to hear the petition on Thursday, after issuing notice in July 2025.
- Where
- The case is before the Delhi High Court and concerns a couple living together in Delhi.
- Why
- The petition says existing rules do not clearly recognise same-sex partners as medical representatives during treatment or emergencies.
Petitioner's position
Centre's position
Need for explicit recognition
Petitioner's position
The petitioner says existing rules are vague and leave same-sex partners unable to make critical decisions or access care during emergencies.
Centre's position
The Centre says the requested relief can substantially be accommodated within the existing legal and ethical framework.
Advance authorisation
Petitioner's position
The petitioner seeks a declaration that a medical power of attorney given in advance to a non-heterosexual partner is sufficient authority.
Centre's position
The Centre supports allowing an authorised partner to act, but says the arrangement must remain subject to applicable law and safeguards.
Cases without prior nomination
Petitioner's position
The petition highlights the absence of a clear framework for recognising partners in a union as medical representatives.
Centre's position
The Centre says that, in appropriate circumstances, a partner may be considered a person in a relationship of care or a next friend, subject to verification and safeguards.
- Government position
- A competent adult can nominate or authorise a partner, including a queer partner, to make healthcare decisions during incapacity.
- Legal framework cited
- The Centre relied on the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.
- Conditions
- Any arrangement would remain subject to applicable law, verification, patient safety and other appropriate safeguards.
- Petitioner's request
- The petitioner seeks guidelines requiring hospitals and doctors to recognise non-heterosexual partners as medical representatives.
- Alternative request
- The petition asks that an advance medical power of attorney be accepted as sufficient authority for a non-heterosexual partner.
- Relationship history
- The petitioner and her partner have been together since 2015, married in New Zealand in 2023 and lived together in Delhi since 2018.
