Couple to appeal fertility treatment rejection over human rights concerns
Tuesday 7th July 2026 on 08:15 in
Denmark
A Danish couple denied fertility treatment due to their mental health diagnoses will take their case to higher courts, arguing the decision violates human rights conventions, according to a report by DR.
Monica and Brian Falkenberg filed the lawsuit in April last year after being repeatedly deemed unfit to become parents by authorities. Their case, heard at Kolding District Court on June 24, was dismissed, with the court stating it found no grounds to overturn the decision by the Board of Appeal (Ankestyrelsen).
Mette Hartlev, a professor of health law at the University of Copenhagen, said the case raises fundamental questions about discrimination based on disability, particularly for individuals with mental health conditions. She noted that such cases rarely result in explicit rulings of human rights violations at the district court level.
The couple’s legal challenge also questions the process behind the decisions, as assessments are largely based on lawyers’ interpretations of medical information rather than direct parental suitability evaluations. Hartlev, herself a lawyer, emphasized that legal professionals are not trained to assess medical details in this context.
Brian Falkenberg stated the couple will pursue the case as far as possible in the legal system, aiming to address systemic issues for others facing similar struggles. “We want to do something for Danes who encounter the same problem,” he said.
If the case reaches the European Court of Human Rights, it could clarify whether private medical assessments—paid for by the couple—should carry the same weight as public evaluations. Hartlev called this an important question to resolve.
Under current Danish law, regional authorities, led by Region Syddanmark, assess eligibility for fertility treatment based on factors such as mental health, substance abuse, or risk of child removal. Decisions are made on written documentation, including input from psychiatric services and municipalities.