The Danish legislation discriminates against children born of surrogate mothers abroad, when the authorities in denmark only recognizes one legal parent to the child, sounds the criticism now from several parties at the Palace.
– If a few are taken to the foreign country where rugemoderskab is legal, to get their wish child, then they must of course also be recognised as parents both, when they come home to Denmark, says Liberal Alliance sundhedsordfører May-Britt Kattrup.
– The parents who come home with a child, must of course be registered as parents. The child is here, it is loved, and we need to make sure that it is the child’s best interests that come first, fifth year SF’s sundhedsordfører Kirsten Normann Andersen.
It is legal to use a surrogate mother in Denmark, but there are a number of restrictions. For example, you are not allowed to advertise for a surrogate mother, the healthcare system may not help, and agreements on rugemoderskab is not bindnende. It means that a part of couples go to other countries where paid rugemoderskab is legal.
Here will be a surrogate mother typically fertilized with an egg from a ægdoner and sperm from the father. When the Danish couple, comes back to Denmark with their newborn child, only the biological father of the Danish authorities to be recognised as a legal parent. His partner stands without rights to the child – and thus also without maternity.
All parties in the Danish Parliament are open to look at the rules – and the Social democratic party, Liberal Alliance, in the Alternative, The Radical Left and SF will adjust the rules.
The Danish legislation is old-fashioned, believes the Socialists socialordfører Pernille Rosenkrantz-Theil.
Children are best to have two parents, so they both have the option to take maternity leave. And if the biological father should go away, there must be certainty about where the child ends up pregnant, she says.
Also the governing parties of the Left and The Conservatives as well as støttepartiet the Danish people’s Party declares itself willing to discuss the issue.
– We need to look at the child’s legal status, for I believe that we will have to look at the child’s best interests, says the Danish people’s party sundhedsordfører Liselott Blixt, who would like to have more input and arguments on the table, before she can take the position.
the Child is quite obviously a problem to the status of refugees, believes the Liberal party sundhedsordfører Jane Heitmann, therefore, opens up a discussion of whether legislation should be adjusted.
– It is not the children who have asked to be brought to the world, and therefore I think basically, that we have a very special obligation to help them, she says.
If the Danish couple is a man and a woman, they can choose to hide for the Danish authorities, that it is a surrogate mother who has given birth to the child abroad. So the woman can be registered as the mother, when they come home to Denmark. But it can be undone, if the authorities find out the truth.
For couples consists of two men, authorities are inherently aware that none of them have given birth to the child, and that there must therefore be a surrogate mother. She is in Denmark considered to be the child’s legal mother, even though her home country recognises the two Danish men as legal fathers.
And they need to be in Denmark from day one, believe The People sundhedsordfører Lotte Mess. Everything else is “completely unfair and ludicrous”, she says:
– We will make sure that both men, of course, are recognized as the fathers from the beginning. Both because it is important that you can get maternity leave and all the other things that belong to become a parent, but simply also because, it is important that you as a father is recognized as the father.
