Danish couple with Asperger’s denied fertility treatment, take case to high court

A Danish couple diagnosed with Asperger’s syndrome have taken their fight for public fertility treatment to the high court after being deemed “unfit for parenthood” by authorities, DR reports.

Christian and Betina Elkjær, both in their late 30s, were denied access to state-funded fertility treatment in 2020 based on psychiatric assessments tied to their diagnoses. They are now appealing a lower court ruling at the high court, arguing that the decision violates their human rights under the European Convention on Human Rights and the UN Convention on the Rights of Persons with Disabilities.

The couple claim the National Board of Appeal (Ankestyrelsen) relied solely on outdated medical records without granting them an in-person hearing. “They won’t listen to us, no matter if we write or call. They refuse to meet us,” Christian Elkjær told DR. “They’re making judgments based on old paperwork.”

Betina Elkjær, who also lives with chronic fatigue, said motherhood had been a lifelong assumption. “It never occurred to me that I wouldn’t become a mother,” she said. The couple are among over 500 applicants rejected for fertility treatment between 2020 and 2025 due to perceived parental unsuitability, often linked to mental health diagnoses or social challenges.

Under Danish law, fertility clinics must assess parental fitness if doubts arise, drawing on records from psychiatry, municipal services, and general practitioners. Regional health authorities—led by Region Syddanmark—conduct written evaluations focusing on risks such as substance abuse, mental health struggles, or potential child removal from the home. Applicants can appeal to the National Board of Appeal, but hearings are typically document-based.

The Board’s head of appeals, Kit Purkær Madsen, confirmed that fertility cases are decided without in-person meetings, citing efficiency and resource constraints. “We handle around 60,000 cases annually,” she said, noting exceptions exist only for child removal or adoption disputes.

The Elkjærs argue the assessments misrepresent their current capabilities, pointing to descriptions like Betina’s “difficulty with eye contact” or Christian’s past characterization as a “fragile young man.” Their case, alongside two others, marks the first legal challenge of its kind in Denmark targeting discrimination based on psychiatric diagnoses in fertility access.