Danish altruistic surrogacy agreements
By amending the Children's Act, it has become possible to register the parenthood of a child born to a surrogate mother on the basis of a Danish altruistic surrogacy agreement from 1 January 2025.
An agreement is considered altruistic when there is a close relationship between the surrogate mother and the intended parents, and the surrogate mother has not received or will receive remuneration in the future, while giving birth to a child for the intended parents.
Conditions
In order for the parenthood of the child to be registered in connection with the child's birth, a Danish altruistic surrogacy agreement must be approved by the House of Family Law before the surrogate mother becomes pregnant with the child.
- Approval of the agreement takes place on one of the Family Law Centre's approved forms.
- The form can be found at the bottom of the page.
- Please read all the information before filling out the form.
- It is a condition for approval of the surrogacy agreement that the surrogate mother is at least 25 years old, has a residence in Denmark and has previously given birth to a child.
- In addition, the surrogate mother must not be under guardianship and not already pregnant.
- The agreement must be made between the surrogate mother and the intended parents.
- It is also possible to enter into an agreement as a single person.
- If the surrogate mother is married, has entered into a registered partnership or has a cohabiting partner, the agreement must also be approved by the spouse, registered partner or cohabitant.
Who can be the childs parents
Maternity, paternity, co-maternity and co-paternity as a result of a Danish altruistic surrogacy agreement approved by the House of Family Law are determined as follows:
Is the agreement entered between a surrogate mother and
- A couple consisting of a woman and a man, the latter woman and the man are considered to be the child's mother and father, respectively.
- A couple consisting of 2 men, the man who is the genetic father of the child is considered the child's father and the other man is considered the child's co-father.
- A couple consisting of 2 women, the woman who delivered the egg is considered the child's mother and the other woman as the child's co-mother.
- A man, the man is considered the child's father if he is the genetic father of the child.
- A woman, the latter woman is considered the child's mother if she is the genetic mother of the child.
Genetic link between the child and the intended parents
It is a requirement that there is a genetic link between the child and at least one of the intended parents. This means that either the sperm or the egg used to conceive the child must come from one of the intended parents.
Remuneration
No compensation must be paid to the surrogate mother or to her spouse, registered partner or cohabiting partner before or after the birth of the child, nor any compensation for loss of earnings.
Legal effects of the surrogacy agreement
The surrogate mother can regret the agreement.
The intended parents cannot unilaterally withdraw from the agreement, unless it happens before the surrogate mother has become pregnant or the surrogacy agreement lapses, according to the applicable conditions (see more below).
It is possible to terminate parenthood if it turns out that the surrogate mother has nevertheless received remuneration in connection with the surrogacy agreement in violation of the prohibition on remuneration.
Prohibition of dissemination
According to Danish law, there is a ban on the mediation of surrogacy agreements.
Mediation of surrogacy agreements is punishable by a fine or imprisonment of up to 4 months.
Cancellation of a surrogacy agreement
A surrogacy agreement lapses in the following situations:
- The surrogate mother informs the House of Family Law that she regrets the agreement.
- The surrogate mother's opportunity to withdraw from the agreement ends when parenthood is registered or acknowledged.
- If the surrogate mother does not reconfirm the agreement in connection with the registration of parenthood within 6 months after the birth
- No registration or recognition of parenthood has been requested within 2 years after approval of the surrogacy agreement However, the Family Law Centre can extend the 2-year deadline by 1 year if the surrogate mother has become pregnant and she, within the 2-year period, request it.
- The intended parents regret the agreement and notify the surrogate mother and the Family Law Centre before the surrogate mother has become pregnant or the conditions for approving the agreement were not met, e.g. if remuneration is provided or it turns out that there is no genetic link between the child and at least one of the intended parents.
If the agreement lapses, the surrogate mother will be considered the mother of the child – even if the egg or sperm comes from one of the intended parents.
Paternity or co-maternity will be established in accordance with the rules on the processing of parenthood in the House of Family Law.
Registration of parenthood
The registration of parenthood is conditional on the following documentation being submitted to the House of Family Law:
- A declaration from the surrogate mother that she reaffirms the Danish altruistic surrogacy agreement and that she has not received or will not receive remuneration, including loss of earnings.
- If the surrogate mother is married or cohabiting, her spouse/partner must agree to the declaration.
- A request from the intended parents to be registered as the parents of the child in accordance with the surrogacy agreement. In addition, a declaration must be submitted stating that no remuneration has been or will not be paid to the surrogate mother.
- A declaration from the surrogate mother's spouse/cohabitant, if any, that the spouse/cohabitant has not received or will not receive remuneration, including loss of earnings.
If the conditions for approval of a surrogacy agreement or registration of parenthood are not met, stepchild adoption can be applied for according to the rules of the Adoption Act.