Co-mo­t­her­hood

Co-motherhood for children born after September 2, 2024, is established under the same terms as paternity.

This means there are no requirements for documentation on how the pregnancy was conceived, as long as there is no doubt or disagreement about registering the co-motherhood at the time of the child's birth. Additionally, there is no requirement to present forms when registering co-motherhood.

However, it is still recommended to complete the necessary forms before starting fertility treatment to ensure you are registered as the co-mother, particularly if there is any disagreement about who should be listed as the co-mother or father after the birth.

The procedure for registering co-motherhood at birth is as follows:

• If you are married, co-motherhood is automatically registered.
• If you are unmarried, you must also submita declaration of care and responsibility.

Before birth to Agency of Family Law. After birth to the General Register Office within the first 4 weeks.

If you are unmarried, you can initiate the case with the Agency of Family Law before the child is born. This can be beneficial, particularly in relation to maternity rights.
The Agency of Family Law can acknowledge co-motherhood before the child is born, but co-motherhood cannot be officially registered in the CPR until after the child is born.

Read more aboutco-motherhood on familieretshuset.dk.

If you disagree on whether one of you should be registered as co-mother, if there is doubt about who should be registered as the parent, or if you want a known donor to be registered as the father, or in case of doubt/disagreement where a case must be processed by the Agency of Family Law, documentation is required.

If you want to register a known donor as the father

If you want a known donor to be registered as the father of the child, you must complete an approved form before undergoing treatment with assisted reproduction or insemination. The form must be signed by all parties involved, indicating their agreement. This form can be submitted at the church office when registering the child's birth.

In cases of doubt or disagreement about co-motherhood or paternity after birth

The law requires that forms be completed by the woman giving birth and her spouse or partner in connection with assisted reproduction or insemination. These forms are not to be used for registering co-motherhood, but rather serve as documentation in case of a parenthood dispute at the Agency of Family Law in case of disagreement about who should be registered as the co-mother or father after the child's birth. Therefore, it is still important to complete the forms, as they may be needed if there is doubt or disagreement following the birth.

• For assisted reproduction under the responsibility of a healthcare professional,8 (anonymous donor)or(known donor)must be completed before treatment.
  The form must be filled out and submitted to the relevant healthcare professional.

If you have completed one of the forms and you no longer wish to be the parent of a potential child, you can withdraw your consent before the child is conceived by contacting the fertility clinic or the Agency of Family Law.

Objecting and resumption of parenthood cases after the birth of a child
If the child has been born and you believe you have been wrongly registered as the child's parent or that you should have been registered as the parent, you can make use of the rules for objection and resumption. Read more about the rulesobjection and resumption on familieretshuset.dk.