Surrogacy Laws in Denmark
2026 Legal Reference
Reference Definition · Maintained · Versioned
What this establishes
Denmark has no surrogacy-specific legislation. Altruistic surrogacy arrangements are tolerated in practice but lack a formal legal framework. The Danish Assisted Reproduction Act governs fertility treatment but does not address surrogacy directly. Commercial surrogacy and advertising for surrogacy services are prohibited.
Parentage mechanism
Under Danish law, the woman who gives birth is the legal mother. There is no pre-birth order mechanism for surrogacy. Intended parents must establish legal parentage through stepparent adoption after the child is born. This process requires the birth mother to formally relinquish parental rights.
Eligibility and access
Denmark provides broad access to fertility treatment including IVF and egg donation. Single women and same-sex female couples have legal access to assisted reproduction. Sperm donation is available through regulated sperm banks (Denmark is one of the largest exporters of donor sperm globally). There are no specific eligibility criteria for surrogacy because no formal framework exists.
Cross-border considerations
Danish citizens pursuing surrogacy abroad face recognition challenges upon return. Children born through foreign surrogacy may require adoption proceedings in Denmark to establish legal parentage. The absence of domestic surrogacy legislation creates procedural uncertainty for cross-border arrangements.
Common misunderstandings
Tolerance is not legality. The absence of prohibition does not create a right to surrogacy. Arrangements proceed in a legal grey area without enforceable protections for any party.
Denmark's fertility infrastructure is advanced. The country has one of the highest rates of IVF usage per capita in Europe. The regulatory gap applies specifically to surrogacy, not to assisted reproduction generally.