Court rules mental health diagnoses do not violate law in fertility case

A Danish couple denied fertility treatment due to past mental health diagnoses has lost their legal challenge against the national appeals board, a court ruled Wednesday.

Brian and Monica Falkenberg have repeatedly been deemed unfit for parenthood by Region Syddanmark and later the Board of Appeal (Ankestyrelsen), with authorities citing decades-old psychiatric records in their decisions. The couple argued the rulings violated the European Convention on Human Rights and the UN Convention on the Rights of Persons with Disabilities.

The Kolding District Court rejected their claim, stating it found no reason to overturn the board’s assessment. The couple’s lawyer, Viktor Kieler Herskind of Pramming Advokater, confirmed the ruling in an interview with DR’s P1 Orientering.

“It’s incredibly disappointing,” Brian Falkenberg said. “We were both counting on the verdict going our way.”

Monica Falkenberg, now on early retirement, was diagnosed with OCD, panic disorder, and borderline personality disorder in 2012 after a kidney disease and transplant left her with a persistent fear of death. Brian Falkenberg, a former soldier deployed to Iraq, lives with PTSD and works in a flexible job scheme.

Despite assessments from a psychiatrist and two private psychologists stating they were capable of caring for a child, their requests for fertility treatment were denied. The couple plans to appeal the decision to the High Court.

The Board of Appeal declined to comment on the specific case but acknowledged the ruling in a statement to DR, noting such cases are deeply impactful for those involved.