The Danish Government’s controversial welfare reform, initially aimed at tightening employment obligations for non-Western immigrants, has unexpectedly impacted internationally adopted Danes. Now, a new revelation has surfaced: children born abroad through surrogacy arrangements are also subject to the same restrictions.
Government acknowledges oversight, moves to exempt surrogate children
According to the Danish Ministry of Employment (Beskæftigelsesministeriet), as of July 1st, children born through international surrogacy agreements will not automatically have the same rights as their Danish parents. This means that if a Danish couple has a child via surrogacy in a country like the United States, the child will be classified as “arriving” in Denmark rather than as a native Danish citizen, affecting their eligibility for welfare benefits.
Employment Minister Ane Halsboe-Jørgensen (Socialdemokratiet) has responded to the controversy by pledging to exempt surrogate children from the law, just as she previously committed to excluding internationally adopted children. “I am discussing this with the agreement parties this week,” she told DR Nyheder, indicating that a broader review of the policy is underway.
Surrogacy in Denmark: legal but complicated
While surrogacy is not explicitly banned in Denmark, financial transactions related to it are illegal. This restriction forces many Danish couples seeking surrogacy to pursue arrangements abroad. The Danish Ministry of Social Affairs (Socialministeriet) estimates that approximately 100 children are born through international surrogacy arrangements and brought to Denmark each year, a number expected to rise.
Despite this, surrogate-born children remain in a legal gray area regarding their status in Denmark. Until recently, male couples faced additional hurdles in legally recognizing both partners as parents. However, a new law implemented this year allows the biological father to be recognized immediately, while his partner can obtain legal status as a co-parent through a formal application process.
Broader implications and political responses
The controversy initially erupted when it was discovered that internationally adopted individuals would be classified as “arriving” Danes rather than full citizens under the new law, igniting a fierce debate on social media under the hashtag #ErJegStadigDansk? (“Am I still Danish?”). Now, concerns have expanded to include children born abroad through surrogacy, as well as other groups such as children born to Danish diplomats or parents temporarily residing abroad.
While the Government has now agreed to exempt both adopted and surrogate-born children, other affected groups, including children born abroad to Danish parents on temporary assignments, remain subject to the law. The decision to maintain these restrictions has drawn criticism from parties Venstre (Liberals) and Moderaterne (Moderats), who are calling for broader exemptions.
Legal experts criticize unequal treatment
Frank Høgholm Pedersen, a professor specializing in family and inheritance law at the University of Copenhagen (Københavns Universitet), expressed concern over the selective exemptions. “It is difficult to understand why a child’s legal status should depend on how they were born,” he said. “Surrogate children usually arrive in Denmark as newborns. It seems unreasonable that their rights should differ from those of other Danish-born children.”
Despite the recent policy shift, experts argue that gaps remain in Denmark’s legal framework regarding children born through surrogacy. “While the new exemptions are a step in the right direction, Denmark still has a long way to go in ensuring equal rights for all children,” Pedersen added.
The road ahead
With mounting political and public pressure, the Danish Government is expected to finalize additional legal revisions in the coming weeks. However, the controversy has already highlighted the unintended consequences of strict welfare regulations and raised fundamental questions about Danish citizenship and equality before the law.
