Lesbian couple got children together - now woman wants to be deleted as a fellow

Lesbian couple got children together - now woman wants to be deleted as a fellow

04 Jan. 2019, 5:30

The Declaration on co-existence is binding, Vestre Landsret has previously stated. Photo: Maria Hedegaard / Scanpix Denmark

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It binds when a woman joins as a fellow, the town and country law has established. Now the case must be for the Supreme Court.

Can a woman be removed as a mother when she has first consented to be a mother for a child?

WHAT ARE THE RIGHTS OF A FELLOW MOTHER?

In 2013, new rules on co-existence came into being. They allow the non-biological mother to be able to enroll as a fellow before the fertilization.

Until then, the woman who did not give birth to the child had to apply for a placeholder adoption after birth to become a parent of the child.

Co-motherhood gives a child two legal parents - a mother and a mother.

When the mother is registered, both are considered parents of the child from birth. It gives the mother the same rights in relation to the child as the mother.

Sources: State Administration and Maternity Help.

Fold out

It is the question in an unusual case that has been landed by the Supreme Court. The case is about a lesbian couple who in 2017 got a child together using a sperm donor. One became the biological mother of the child, while the other already before the fertilization registered as a mother.

As a mother, she is considered on a par with a father. But shortly after one woman gave birth to a boy, the two women went apart. And the non-biological mother no longer sees the child. They have therefore both wished that the non-biological mother should no longer be a fellow.

However, both the city and county courts have anxious legs for this.

- The law is pretty clear

The statement is binding, Vestre Landsret stated, which also emphasized that a child should as far as possible have two parents.

According to Jesper Håkonsson, who is a lawyer for the biological mother, the case in November was allowed to come to the Supreme Court, as it is the first of its kind.

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He acknowledges that the women do not have the law on their side in relation to having their co-motherhood deregistered.

- The law is pretty clear. You can't do that, he says.

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