Surrogacy has gained increasing recognition and regulation worldwide, and Denmark is no exception. Effective January 1st, 2025, Denmark will implement new rules regarding surrogacy, shaping the landscape of reproductive rights and parental recognition within the country.

Altruistic Surrogacy Recognition

Denmark actively recognizes altruistic surrogacy, allowing intended parents to be legally acknowledged as the parents of the child born through surrogacy. This progressive stance acknowledges surrogacy as a means of family-building and ensures legal protection for all involved parties.

Approval and Registration Process

Surrogacy arrangements in Denmark must be approved and registered with the family court before a pregnancy is achieved.  This formal process ensures that all legal and ethical considerations are addressed, safeguarding the rights and interests of both the intended parents and the surrogate.

Requirements for Surrogates

Surrogates in Denmark must meet specific eligibility criteria. They must be at least 25 years old, have given birth to at least one child of their own, and be capable of providing informed consent. Additionally, surrogates must be residents of Denmark, ensuring their inclusion within the country’s legal framework and protections.

Surrogacy Outside Denmark

In cases of surrogacy arrangements conducted outside of Denmark, certain rules apply.  At least one parent must be genetically related to the child, ensuring a biological connection to the family.  The family court will apply the principle of the “best interests of the child” when recognizing the parental rights of intended parents who have children born abroad through surrogacy.

Notarized Agreement

To protect the interests of all parties involved, the surrogate must sign a notarized document consenting to the recognition of the intended parent’s parental rights.   This agreement emphasizes informed consent and ensures transparency in the surrogacy process.

Well-Being of the Family

It is hoped that the new regulations on surrogacy in Denmark will provide a legal framework that promotes the well-being of families formed through surrogacy.