Surrogacy in Denmark: Traditional surrogacy possible

By Babygest Staff
Last Update: 12/16/2019

Surrogacy is a complex reproduction method that is not accepted everywhere in the world. Ethical implications and possible complications are some of the reasons why many countries prefer not to apply this reproductive technique.

In Denmark it is possible as long as it is done in its altruistic variant and no assisted reproduction techniques are used. Therefore, only traditional surrogacy is allowed.

Provided below is an index with the 4 points we are going to expand on in this article.

What are the requirements?

In Denmark, surrogacy may be applied only when these essential requirements are met:

  • Traditional surrogacy: in this case the surrogate mother is the one who provides the eggs, that is to say, the newborn will be genetically her child.
  • Assisted Reproduction Techniques: Assisted Reproduction Techniques will not be applied to achieve pregnancy. The Danish Law on Assisted Reproduction devotes Chapter 3, paragraph 13, to this technique and reads as follows: Assisted reproduction cannot take place when there is an agreement between the woman who will carry the pregnancy to term and another woman who wants to have a child (surrogacy).
  • Advertising: no type of advertising or promotion may be made to encourage the encounter between intended parents and surrogate.
  • Financial compensation or remuneration: Intended parents will not be able to financially compensate the surrogate in any way.

Some of these points are common in other laws of surrogacy, such as being an altruistic act without economic remuneration or the prohibition of advertising to find potential surrogates.

Countries such as Canada, the United Kingdom and Israel have similar restrictions. However, allowing it only when it is a traditional surrogacy and without having applied an assisted reproduction technique is unusual.

If you need more information about the types of surrogacy that exist, don't miss the following article: What are the different types of surrogacy?

The psychological consequences that traditional surrogacy can have on the surrogate are much greater, given that we are talking about the existence of a genetic link between the pregnant woman and the newborn. This form of surrogacy can be considered almost eradicated in most countries precisely because of the above.

This practice reminds rather of filial recognition of a child born as a result of an extramarital relationship, where the mother renounces her right to recognition of filiation in favor of the spouse of the biological father. After this resignation by the surrogate, the spouse will proceed to the adoption of the born baby.

This type of "legislation" leads many citizens to prefer to use this method in other countries such as the USA, Ukraine, Russia, etc.

Surrogacy Contracts

As in other destinations such as Canada, the United Kingdom or Israel, the law regulating surrogacy in Denmark completely prohibits marketing with this technique, i.e. commercial surrogacy.

This modality whereby the surrogate receives financial compensation for carrying the pregnancy to term is prohibited in this country.

All surrogacy contracts are considered unenforceable. Therefore, if something happens or a conflict arises, no clause of the contract is of obligatory application or execution.

In this way, many doubts arise:

  • What to do in the face of medical complications that lead the surrogate to have an abortion, suffer some illness or suffer enormous damage?
  • Who pays for the medication that the surrogate mother may need?
  • How is the surrogate supposed to prove the future parents that she has to abort?

Suggested for you

If you want to know the current situation of surrogacy in other European countries, we encourage you to continue reading here: Is Surrogacy Legal in Europe?

On the other hand, not all countries have a regulation of this reproduction method. If you want to know which are the safest destinations, you can access the following post: International Surrogacy- Laws and Options for Surrogacy Abroad.

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