European Journal of Law Reform

Article

The Incorporation of Intentional Parentage by Female Same-Sex Couples into National Parentage Laws

A Comparison between Danish and Dutch Law

Keywords same-sex parentage, family law, comparative law
Authors professor Christina G. Jeppesen de Boer en professor Annette Kronborg
Author's information

242114 professor Christina G. Jeppesen de Boer
C.G. Jeppesen de Boer is a legal researcher and assistant professor at the University of Utrecht, Molengraaff Institute for Private Law associated with UCERF (Utrecht Centre for European Research into Family Law).

242116 professor Annette Kronborg
A. Kronborg is a legal researcher and associate professor at the University of Copenhagen associated with the Centre for Studies in Legal Culture.
  • Abstract

      The incorporation of intentional parentage by female same-sex couples in Danish and Dutch law in 2013 has taken place on the premises of the existing parentage law. In Dutch law, the second mother may automatically become the legal parent (formal relationship – anonymous donor) or she may become the legal parent in all other situations by recognition with consent of the mother. In Danish law, the second mother’s parentage may be established in a simple registration procedure, if she has consented to the act of assisted reproduction prior to treatment. When use has been made of a known donor there is no direct presumption favouring the known donor or the second mother in either country. Danish law provides a contractual understanding to be made prior to treatment while Dutch law depends upon the initiative of the parties and to whom the mother gives consent to recognition – with subsequent discretionary power of the court to modify the result. The main difference we associate with a systemized specific legislative approach (Denmark) and discretionary powers of the court to correct the outcome (the Netherlands).

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