Laws

DENMARK

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum, Refugees
Bullying
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
  Health, Medical
HIV/Aids
Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
  Military
Partners
Parenting
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

National

In 1977, consensual sex between same-sex couples became lawful at age fifteen (15) years [R1.1].

R1.1 Sydney Star Observer: "The Age of Consent and Gay Men in New South Wales" 28 MAR 02 page 7
Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation, Surrogacy
Legislation/Cases/References
1.

National

In June 2006, Denmark's parliament passed a controversial law allowing lesbian couples and single women the right to free artificial insemination at public hospitals [R1.1].

Previously:

In July 1998, the Danish Parliament voted against lifting the nation's ban on artificial insemination of single women [R1.2].

The law did not ban lesbian insemination that takes place outside of a medical setting [R1.2].

In June 1997, the Parliament of Denmark banned lesbians from obtaining artificial insemination in state-run or private clinics [R1.3].

R1.1 Herald Sun: Insemination Rights for Lesbians 02 JUN 06
R1.2 Capital Q : No to Lesbian Insemination 03 JUL 98
R1.3 Capital Q : Danes Ban Lesbian Sperm 13 JUN 97
Asylum, Immigration, Refugees Legislation/Cases/References
1.

National

On 01 August 2016, the Danish Refugee Appeals Board (Flygtningenævnet) gave a last-minute reprieve to a Ugandan lesbian asylum seeker saying it would review her case, a process her lawyer Jytte Lindgård said would take at least three months. Meanwhile, there are still two rejected people in Ellebæk jail awaiting deportation [R1.5].

On 22 July 2016, it was reported that three women from Uganda, who have sought asylum in Denmark because of their homosexuality, will be deported to their home country, because the authorities believe their statements were not credible and do not consider it likely that they would face persecution or abuse if they are expelled [R1.4].

In May 2006, Denmark was reported as providing some form of immigration benefits to the same-sex partners of citizens and permanent residents [R1.3] or recognition of same-sex couples for immigration purposes [R1.2].

A relatively new addition to the list of provisions enshrined in the 1951 UN Convention entitles a person to apply for refugee status – "sexual orientation" owes its inclusion to a growing understanding in a handful of countries that lesbians and gays constitute a distinct social group. This article has been invoked to grant asylum to lesbians and gay men in Denmark [R1.1].

2.

Courts & Tribunals

On 04 February 2013, the refugee appeals board (Flygtningenævnet) was reported to have granted asylum to Fernanda Milan, a Guatemalan transgender person, due to risk of persecution in her home country [R2.4].

On 29 January 2013, the refugee appeals board (Flygtningenævnet) set a precedent by granting asylum to a gay man from Afghanistan because he is at high risk of persecution if he returns home. In the past the board has argued that refugees can hide their sexuality or religion if it puts them at risk of ill-treatment in their home country [R2.3].

On 20 September 2012, the Refugee Board (Flygtningenævnet) reportedly would reconsider an application for asylum from a transgender Guatemalan woman Fernandina Milan, who says she will be killed if she returns to her homeland [R2.2].

In March 1996, the Refugee Review Board granted a 26-year old Armenian gay man refugee status because Armenia allegedly mistreats homosexuals [R2.1].

R1.5 TheLocalDK: Denmark gives lesbian refugee last-minute reprieve 01 AUG 16
R1.4 CopenhagenPost: Denmark sends home 3 Ugandan lesbians where they risk being prosecuted 22 JUL 16
R1.3 Human Rights Watch: U.S. Immigration Law Inhumane to Same-Sex Couples 02 MAY 06
R1.2 Immigration Equality: Uniting American Families Act Introduced into the U.S. Congress 22 JUN 05
R1.1 Beirut Daily Star: For Some Young Lebanese Staying Means 'Life Will be Over' 12 OCT 01
R2.4 GayStarNews: Guatemalan trans woman granted asylum in Denmark 04 FEB 13
R2.3 GayStarNews: Gay Afghan refugee granted asylum in Denmark 31 JAN 13
R2.2 UPI: Denmark to reconsider transgender refugee 20 SEP 12
R2.1 Adelaide Gay Times: Armenian Wins Asylum 12 APR 96
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
See also: [MARRIAGE]
1.

National

In August 1999, Sweden, Denmark and Norway signed an international treaty to recognize each other's domestic partnerships [R1.1].

In July 1999, two non-Danish citizens could enter into registered partnership if both partners had stayed in Denmark for at least two years [R1.2].

In 1989, Denmark became the first country to legalize marriage-like registered partners, offering same-sex partners most or all rights of marriage [R1.3].

R1.1 Inter Press Service: Gay Staffers Seek Equal Treatment 16 AUG 99
R1.2 ILGA-Europe Euro-Letter No 70: Adoption Rights to Danish Gay or Lesbian Couples - Partnership Law Changed 20 MAY 99
R1.3 ILGA: State-Sponsored Homophobia MAY 08
Associated Press: Status of European Same-Sex Couples 11 DEC 98
Adelaide Gay Times: Denmark Bans Discrimination 21 JUN 96

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Discrimination Legislation/Cases/References
1.

National

From 01 July 1996, discrimination based on sexual orientation by private employers is unlawful as is discrimination in other areas which has been prohibited for years [R1.1].

R1.1 Adelaide Gay Times: Denmark Bans Discrimination 21 JUN 96
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
See also: [HEALTH, MEDICAL]
1.

National

On 03 March 2017, it was reported that transgender persons must undergo psychological evaluations that can take up to a year to convince the Sexologisk Klinik (national mental health services focused on sexology) that they're transgender, before being permitted to change their gender through surgery [R1.4].

On 15 May 2016, it was reported that by 01 January 2017, Denmark will be the first country that does not categorize being transgender as having a mental disorder [R1.3].

On 11 June 2014, the Minister for Economics Margrethe Vestager said that Denmark has scrapped a law requiring people to be sterilized before they can be legally recognized as another gender. As of 1 September, all Danes over 18 will be able to apply to be recognized as their true gender by simply stating they are that gender [R1.2].

In 2001, Denmark was reported to extend sex-change benefits to citizens [R1.1].

R1.4 TheLocalDK: Amnesty slams Denmark for transgender discrimination 03 MAR 17
R1.3 World.Mic: Denmark to Become First in World to Drop Classification of Transgender as Mental Illness 15 MAY 16
R1.2 GayStarNews: Denmark scraps forced sterilisation for trans people 11 JUN 14
R1.1 Associated Press: Sex-Change Benefits May Spread Beyond San Francisco 03 MAY 01
Health, Medical Legislation/Cases/References
See also: [GENDER IDENTITY]
1.

National

On 03 March 2017, it was reported that transgender persons must undergo psychological evaluations that can take up to a year to convince the Sexologisk Klinik (national mental health services focused on sexology) that they're transgender, before being permitted to change their gender through surgery [R1.2].

On 15 May 2016, it was reported that by 01 January 2017, Denmark will be the first country that does not categorize being transgender as having a mental disorder [R1.1].

R1.2 TheLocalDK: Amnesty slams Denmark for transgender discrimination 03 MAR 17
R1.1 World.Mic: Denmark to Become First in World to Drop Classification of Transgender as Mental Illness 15 MAY 16
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
1.

National

In 1933, consensual sex between same-sex couples was decriminalised [R1.1].

R1.1 ILGA: State-Sponsored Homophobia MAY 08
Marriage Legislation/Cases/References
1.

National

On 07 June 2012, a Bill was passed by the parliament in an 85–24 vote, approving same sex marriage and weddings in the Church of Denmark – effective 15 June [R1.4].

On 13 March 2012, Prime Minister Helle Thorning-Schmidt said the government would introduce long-expected draft legislation to legalize same-sex marriages with effect from 15 June [R1.3].

On 23 October 2011, Minister Manu Sareen announced Government plans to introduce gay marriage legislation in the new year, with same-sex couples to be allowed to marry on Church of Denmark premises. Some senior religious figures oppose the plans [R1.2].

Since 1989, the law in Denmark has recognised registered partners, offering same-sex partners most or all rights of marriage [R1.1].

2.

Courts & Tribunals

On 28 June 2016, Danish High Court was reported to have dismissed a suit brought by the organisation Med Grundlov Skal Land Bygges that alleges the right of homosexuals to marry in church violates both the Danish constitution and the religious freedom of Danish citizens [R2.1].

R1.4 BBC News: Europe: Denmark approves same-sex marriage and church weddings 07 JUN 12
R1.3 Channel6News: Denmark to legalize same-sex marriage this year 13 MAR 12
R1.2 PinkPaper: Denmark to allow gay marriage next year, minister says 23 OCT 11
R1.1 Adelaide Gay Times: Denmark Bans Discrimination 21 JUN 96
R2.1 CopenhagenPost: High Court dismisses claims that gay marriage violates Danish constitutional rights 28 JUN 16
Military Legislation/Cases/References
1.

National

In 1978, the Defense Ministry ruled that sexuality was not the government's business [R1.1].

Previously:

Until 1954, homosexuals were denied the right to serve. From 1955 until 1978, they were allowed to serve only in the Home Guard [R1.1].

R1.1 Associated Press: World's Militaries and Gay Stance 12 JAN 00
Parenting, Adoption, Fostering Legislation/Cases/References
1.

National

In June 2013 (quaere) the Children's Act was passed, giving lesbian couples the same parenting rights as heterosexual couples at the time of the child's birth. The woman not giving birth to the child will officially be registered as a 'co-mother', and will be granted the same parenting rights as fathers [R1.5].


On 04 May 2010, parliament voted in favour of gay couples in civil partnerships being granted the right to adopt children together [R1.4].


In March 2009, a proposal to grant partners registered in civil unions the right to adopt unrelated children both domestically and internationally won a majority vote in parliament [R1.3].


In November 2002, the country's two largest parties, the Liberal Party and the Social Democratic Party, both said that they are ready to discuss a proposal by the Social Liberal Party that would give gay couples the same rights as heterosexuals to adopt children [R1.2].


Since July 1999, a partner in a registered partnership can adopt the children of her/his partner unless the child is adopted from a foreign country [R1.1].

R1.5 TheCopenhagenPost: Law change gives birth to a 'co-mother' 03 DEC 13
R1.4 PinkNews.co.uk: Gay couples in Denmark now allowed to adopt 05 MAY 10
R1.3 PinkNews.co.uk: Denmark parliament approves equal adoption rights 18 MAR 09
R1.2 Copenhagen Post: Homosexual Couples in Denmark Could Soon be Allowed to Adopt Children 30 NOV 02
R1.1 ILGA-Europe Euro-Letter No 70: Adoption Rights to Danish Gay or Lesbian Couples - Partnership Law Changed 20 MAY 99

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