• Title of the law: Lov om assisteret reproduction (Law on assisted reproduction)
• Date of adoption and entry into force: First entered into force: 10/06/1997 and revised several times since.     
• Published in Danish Law Journal
• Indicate if process of revision is ongoing and, in your answers, provide information on provision in the draft law: The law was last recently amended in December 2023.

6. Is donation of sperm/oocytes/embryos permitted in your country? Yes. Embryo donation is only legal for the purpose of scientific research.

7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? Yes. It is not allowed to sell or otherwise assist in the sale of sperm, oocytes and embryos. The compensation of gamete donation is limited to expenses actually incurred and disadvantages that are directly related to the donation.

8. Are there specific criteria for donation of sperm/oocytes/embryos? Yes. In general, all men can donate sperm and all women under the age of 35 years can donate oocytes if this does not involve any known serious genetic or infectious risk. The establishments in charge of testing, processing, preservation, storage or distribution of human tissues and cells have the responsibility to ensure the quality of sperm and oocytes. Donation of embryos is only possible for research purposes, not for assisted reproduction.

9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? Yes. The woman/couple can freely choose their donor, e.g. the appearance of the donor matching the future parent(s).

10. Are there special measures for the prevention of consanguinity? Yes. One donor (sperm or oocyte) may donate to up to 12 families.

11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? Yes. 

By December 2013 the Children Act was amended with rules on co-maternity. Co-maternity can be established when the mother has been treated with assisted reproduction and has a female spouse or partner who has agreed to the treatment. 

3. Are MAP procedures covered by the social security system? Yes. The Region must provide free treatment for MAP to couples with 0 children or 1 common child and single women can have 0 children or 1 child.

4. Are there specific criteria for such coverage? Yes. Publicly funded fertility treatment with a referral from a GP is available until the woman turns 41. Fertility treatment in private clinics is available until the woman turns 46.

5. Is the financial coverage limited to a number of MAP procedures? Yes. In public clinics a maximum of 6 rounds of IVF/ICSI are provided for the first child and second child.

1. Is access to medically assisted procreation (MAP)

a. restricted to heterosexual couples? No

b. possible for women not living in a heterosexual couple? Yes

There are no restrictions in the access to medically assisted procreation neither to hetero couples nor single women. Publicly funded fertility treatment is available until the woman turns 41. Fertility treatment in private clinics is available with self-financing until the woman turns 46.

19. Is there an important current debate in your country on these or related issues? 

A debate on donor-conceived children’s access to non-identifying and identifying information about their donor is currently ongoing in Denmark. The Ministry of the Interior and Health is therefore looking more closely into the matter.

There is also a debate about whether fertility treatment through surrogacy should be legalized.

MEDICAL ASPECTS

2. Are there specific criteria for access to MAP? 

Medical reasons:

a. Infertility:

For a heterosexual couple? No; For women not living in a heterosexual couple? No

b. Risk of transmission of a disease

For a heterosexual couple? No; For women not living in a heterosexual couple? No

16. Is donation of sperm Yes and No /oocytes Yes and No /embryos anonymous - ? 

Single women and couples in fertility treatment can choose different types of donor profiles: Anonymous profile (generic information on donor), open donor profile (more information on donor is available, contact between donor and child is possible) or known donor (the woman or couple finds a donor themselves without involvement of a tissue establishment).

Embryo donation is only legal for the purpose of scientific research.

17. Is it possible to obtain information about the biological origin of a child born after gametes of embryo donation? 

i. For the child him or herself, Yes. ii. For the parents No, iii. For a court No

a. Identity of the donor(s)

i. For the child him or herself Yes, ii. For the parents No, iii. For a court No

b. Certain health information concerning the donor(s)

i. For the child him or herselfn Yes, ii. For the parents No, iii. For a court No

c. Other information

i. For the child him or herselfn No, ii. For the parents No, iii. For a court No

Certain health information concerning the donor(s) can be made known to the parent(s) after the donor-conceived child is born, if a hereditary disease or genetic mutation in the donor(s) is diagnosed after donation has happened.

18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? Yes. A father or a co-mother can contest paternity or co-maternity if he or she believes that the child is not conceived by the MAP he or she gave consent to, but instead is conceived by a sexual relationship.