New Danish legislation brings parity to biological and non-biological surrogate parents

New Danish legislation brings parity to biological and non-biological surrogate parents in the best interests of the children. Traditionally, Denmark has provided fewer rights than its Nordic neighbours for surrogate parents, in particular, the non-biological parent. Some of the imbalance has now been rectified through new Danish legislation. Typically, in the past, the surrogate was recognized as one legal parent (with no legal custody) and a biological father as the other. It was only after 2.5 years that a non-biological parent could apply for adoption. This process, which could take months, was handled on a case-by-case basis. It could be approved or denied by the state (or rather the person representing the state) following the submission of the appropriate paperwork.

As a result of this delayed process, only the biological parent would be the legal guardian of a child. They would be able to legally sign-off on key decisions in the child’s early life, such as day care, names, healthcare visits, etc., while the other parent would not.

Similarly, only the biological parent had a legal right to paid parental leave and child support. This put surrogate children and parents at a considerable disadvantage, both emotionally and financially. For instance, spending parental leave with children in the early years of a child’s life is an important bonding experience that has existed in Danish society since 1901, yet surrogate children do not experience this, unless a parent take unpaid leave.

Another consequence was that should the parents split up during those first years, the courts would only recognize the biological parent as the legal guardian. They may then press for full custody – thus denying the child the right to be with both of their parents.

With this new Danish legislation, denying surrogate children and parents these and other parental rights, are finally being addressed. Following birth, the surrogate signs a waiver that she does not want legal custody of the child – a formality that exists today – which is now recognized as legally binding in Denmark. 

With this document in place, the non-biological parent is recognized as an equal to the biological parent with the same rights and support. This is a huge win for surrogate children and their families. Full focus can be put on family life in those vital early years as opposed to the stress and strain of dealing with complex regulations. Those people who have opted not to pursue surrogacy due to this can now take a new look at their possibilities knowing that their child will receive the same rights as other children.

If you want to know more about international surrogacy in Denmark or any of the Nordic countries contact me today. As a proud dad of three children born through surrogacy, I’ll be happy to explain in more detail what this change means for you. or just have a general chat about the surrogacy journey.

Mikkel Raahede
Territory Manager Nordic
Tammuz Nordic