Yes, surrogacy is legally permitted in Denmark under strict conditions. Commercial surrogacy is prohibited, while altruistic arrangements are tolerated if no financial gain is involved. The Danish Health Authority (Sundhedsstyrelsen) oversees compliance, and recent 2026 amendments clarify parental rights for intended parents in altruistic cases.
Key Regulations for Surrogacy in Denmark
- Altruistic-only model: Surrogates may receive reimbursement for documented expenses (e.g., medical costs, lost wages) but no additional compensation. The 2026 amendments explicitly cap permissible reimbursements to prevent disguised commercialization.
- Pre-birth court approval: Intended parents must obtain a pre-birth order from the Danish courts to establish legal parenthood, ensuring the surrogate’s informed consent and the absence of coercion. The Family Court (Familieretshuset) handles these petitions.
- No foreign surrogacy facilitation: Danish residents cannot engage in surrogacy arrangements abroad if they involve commercial terms, as per the 2026 amendments aligning with EU ethical guidelines. Violations may result in civil penalties or criminal liability under the Danish Surrogacy Act (2020 revision).
Intended parents must also comply with the Danish Act on Assisted Reproduction (2020), which mandates genetic ties to at least one parent and prohibits surrogacy for same-sex male couples unless one partner is genetically related to the child. The Danish Patient Safety Authority (Styrelsen for Patientsikkerhed) monitors clinics to ensure adherence to these provisions.