Co-motherhood

If you are a female couple wishing to have a child together, it is important that you are aware of the rules on co-motherhood. At KROMANN Law Firm, we can guide you through the process in order for you to focus on your new family with peace in mind.

WHAT IS CO-MOTHERHOOD?

When two women wish to have a child together, it is possible for one of them to be registered as the co-mother, even though she has not given birth to the child herself.

Co-motherhood entails a number of rights and obligations. The co-mother will generally share parental responsibility for the child, have a right to contact with the child, and both the co-mother and the child will have mutual inheritance rights. The co-mother also has a duty of financial support towards the child.

HOW DOES ONE BECOME A CO-MOTHER?

Under Danish law, the woman who gives birth to the child is automatically registered as the child’s mother at birth, regardless of whether she is the child’s biological mother. If you wish to be registered as a co-mother to a child, there are therefore several important matters to be aware of. If the process is not handled correctly, it may result in one of you not being registered as a legal parent of the child.

Co-motherhood can only be registered if two women have the child together through assisted reproduction. Pregnancy through other means is not valid for establishing co-motherhood. Once co-motherhood has been established, it generally cannot be changed afterwards.

If you and your partner are considering assisted reproduction in connection with a future pregnancy, several factors are relevant for the registration of parenthood.

Before treatment with assisted reproduction begins, you must both agree to the treatment and give written consent. The treatment must be carried out by or under the supervision of a healthcare professional, and it must be likely that the child is the result of the assisted reproduction. It also matters whether you use sperm from a known or anonymous donor. If you are not married at the time of conception, you must also complete a declaration of care and responsibility regarding co-motherhood during the pregnancy or as soon as the child is born.

It is important that the above requirements are met, as otherwise it will not be possible to register co-motherhood. If co-motherhood is not registered, the co-mother will not be recognised as a legal parent, which may create a number of legal challenges.

CONTACT US TODAY

At KROMANN Law Firm, we can support and guide you through the entire process. If you are considering having a child in the future, you are welcome to contact us on tel. 8618 1102 or email kontakt@advokatkromann.dk. We are ready to help you start your new family.

IF YOU DO NOT MEET THE REQUIREMENTS FOR CO-MOTHERHOOD

If you do not meet the requirements for establishing co-motherhood, it may in some cases be possible to apply for stepchild adoption instead. If you are unsure whether you can register co-motherhood, or need guidance regarding stepchild adoption, you are welcome to contact KROMANN Law Firm on tel. +45 8618 1102 or email kontakt@advokatkromann.dk.

You can read more about adoption and other related topics on the pages below.