Civil law consequences of fertility treatment with donor sperm
Understanding your parental rights and responsibilities is essential when having a child via sperm donation.
Below is an overview relevant for patients in and outside Denmark.
According to Danish law, being recognised as a legal parent means:
Below you will find an overview of applicable rules and which forms to use in your specific situation.
Please note that the rules and forms only apply if you are resident in Denmark.
If using donor sperm, you are the sole legal parent.
Both partners must complete and sign form 8 before each treatment, stating that the non-biological parent will be the legal father/co-mother. This applies to both lesbian and heterosexual couples.
You must fill out form 8 before each treatment. In this form, the partner must consent to fertility treatment with his sperm, and that he will be the legal father.
The known donor is always the legal father. You and the known donor must complete and sign form 8 before each treatment.
The known donor and the couple must fill in and sign form 9 before treatment. You decide if the co-mother or known donor will be the legal parent alongside the birth mother.
The information provided above is for guidance only and may not cover all legal aspects.
We recommend contacting the Danish Agency of Family Law (Familieretshuset) to clarify questions and rules regarding parentage, paternity/co-motherhood, and the use of relevant forms.
If you do not reside in Denmark, legal requirements in your home country may differ. Consult the relevant authorities or a lawyer specialising in reproductive law to understand:
Ensure you verify these details before treatment begins, as completing necessary forms in advance might be required.