Foreign surrogacy agreements

From 1 January 2025 the amending Children's Act, has made it possible to register the parentage of a child born to a surrogate mother on the basis of a foreign surrogate agreement

Conditions

The surrogacy agreement must have been entered into before the surrogate mother became pregnant.


It is a crucial condition that the surrogate mother at the time of entering into the agreement has and has been resident abroad for the past 6 months.

The Family Law Centre makes a decision on parenthood when the following is presented:

  1. Documentation that there is a genetic link between the child and at least 1 of the intended parents.
  2. Notarial declaration or similar issued in the child's country of birth, where the surrogate mother has confirmed after the child's birth that she wishes to transfer parenthood and the child to the intended parents The surrogacy agreement, which must state the names, addresses and dates of birth of the parties
  3. The child's birth certificate

Who can be the childs parents:

Maternity, paternity, co-motherhood and co-paternity are determined as follows:

Is the agreement entered into 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.
  • 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.

 

Whether the person is a woman or a man in relation to the above is determined by the person's legal gender at the time of the child's birth, and trans people who have changed their legal gender are therefore given a parental title in accordance with their legal gender.

In relation to a man who, according to the agreement, is to be the sole parent of the child, it should be noted that only if the House of Family Law makes a decision on his paternity of the child according to these rules, the surrogate mother will no longer be the child's mother under Danish law.

For registration of foreign agreement of surrogacy (danish digital blanket)