Notice on the assessment of forældreuegnethed in connection with treatment with artificial insemination
Under section 6 (a), paragraph 4, of the law on artificial insemination in connection with medical treatment, diagnosis and research, etc., see. lovbekendtgørelse nr. 923 of 4. September 2006, as amended by Act No. 1546 by 21. December 2010, fixed: evaluation of forældreuegnethed
§ 1. The provisions of this Ordinance shall apply to the doctor responsible for treatment with artificial insemination (the competent doctor) and of the State administration.
(2). The doctor, whereas treatment with artificial insemination, after consent by the reference to point out that there can be no doubt about the woman or the couple's ability to care for a child after birth.
§ 2. In connection with the health professional elucidation and position on treatment with artificial insemination, the treating physician should consider whether there are doubts about a single woman or a couple's ability to care for a child after birth.
(2). If the doctor determines that there are doubts about a single woman or a couple's ability to care for a child after birth, the doctor with the lone woman or couple's consent, submit information to the State administration with the request that the State administration shall decide whether there can be initiated treatment with artificial insemination.
(3). For use by State Administration's casework must submit a statement of the attending physician the physician's doubts about the single woman or couple's parental fitness.
(4). In the absence of the consent of the lone woman or couple to the transmission of information to the State administration to the doctor refuse to initiate treatment with artificial insemination.
§ 3. The State administration shall decide whether treatment with artificial insemination can be launched. The State administration may with the lone woman or couple's consent include other expertise in the assessment of the suitability of parents before deciding. Other expertise may be the practitioner, the social authorities or others.
(2). Involvement of other areas of expertise referred to in paragraph 1 may take place only with the consent of the woman or the couple.
(3). If the woman or the couple does not give consent to include other expertise, the State administration for rejecting the need to begin treatment with artificial insemination.
Relationship is of importance for the evaluation of forældreuegnethed
§ 4. When assessing whether there is doubt whether a woman or a couple's forældreuegnethed, may be included: 1) any addiction problems in the woman or the couple, 2) female or couple's mental state, that may affect the ability of a future child care, 3) conditions which may result in placement of the child outside the home, 4) that one or both prospective parents already have a child placed outside the home due to family circumstances.
Conditions which may not be included in the assessment of forældreuegnethed
§ 5. There must not be communicated to the refusal of treatment with artificial insemination because of the woman's or couple's sexual orientation or racial, religious, ethnic and other similar conditions.
Access to justice
§ 6. State Administration's Appeals brought before the Agency in decisioncannot 4 weeks after the decision.
(2). The State administration shall inform the woman or the couple of appeals access.
(3). The reviewing Agency has the final administrative decision.
§ 7. By Reviewing Agency's decision finds the provision in § 53 of the law on legal security and administration in the social field, in accordance with article 3. lovbekendtgørelse nr. 1054 of 7. September 2010, application.
Date of entry into force of
§ 8. The notice shall enter into force on the 3. February 2011.
(2). At the same time repealed Executive Order No. 119 of 7. February 2007 on the assessment of forældreuegnethed in connection with treatment with artificial insemination.
Ministry of the Interior and health, the 28. January 2011 Bertel Haarder/John Erik Pedersen